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Early  records  of 
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Southern  Branch 
of  the 

University  of  California 

Los  Angeles 

Form  L  1 


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JUN  1  i   192fc 


AUG  r 

Ml  b 

MAY  23  1945' 
JANS     1951 

^^"^  7     1958 
^UN     5  1956 

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Form  L-9-lo/;i-10,'25 


Digitized  by  the  Internet  Arciiive 

in  2008  witii  funding  from 

IVIicrosoft  Corporation 


http://www.archive.org/details/earlyrecordsofgiOOmars 


University  of  Colorado 


Historical  Collections 


JAMES  F.  WILLARD 
Editor 


Volume  II 


Mining  Series 

Volume  I 


5  3  S  2 


Early  Records 

of 

Gilpin  County,  Colorado 

1859-1861 


Edited  by 
THOMAS  MAITLAND  MARSHALL,  Ph.D. 


Astocitte  Professor  of  Historjr 

in  the 

University  of  Colorado 


BOULDER 
1920 

413  30 


Copyright  1920 
By  The  University  of  Colorado 


The  W.  F.  Robinson  Ptg.  Co. 
Denver,  Colo. 


F  , 
764- 


CONTENTS 

Pages 

Introduction   vii-xvi 

Gregory  District   1-47 

Eussell  District  48-68 

Bay  State  District 69-77 

Eureka  District  78-107 

Pleasant  Valley  Number  10  District 108-120 

Quartz  Valley  District 121 

Nevada  District 122-145 

Wisconsin  District   146-170 

Climax  District 171-174 

Central  District 175-176 

Independent  District 177-196 

Fairfield  District 197-208 

Illinois  Central  District 209-229 

Hawk  Eye  District 230-246 

South  Boulder  District 247-261 

Silver  Lake  District 262-266 

Spring  Gulch  District 267-270 

Lake  District  271-294 

Cooper  District 295 

List  of  Documents 296-301 

Index 303-313 


INTRODUCTION 


DISCOVERIES  OF  GOLD  BEFORE  THE  GREAT 
RUSH  OF  1859 

Many  years  before  Americans  entered  the  Rocky 
Mountain  region,  the  Spaniards  discovered  mineral  de- 
posits within  what  is  now  the  State  of  Colorado.  In  1761 
Juan  Maria  Rivera,  pushing  northward  from  New  Mex- 
ico, visited  the  neighborhood  of  the  junction  of  the  Gun- 
nison and  Uncompagre  rivers.  Governor  Capuchin  of 
New  Mexico,  during  his  second  administration  (1762- 
1767),  sent  explorers  to  the  same  region  and  mines  were 
developed.^  At  present  we  know  but  little  of  Spanish 
mining  on  the  eastern  slope  of  the  Continental  Divide, 
but  diggings  which  antedate  the  American  period  are 
silent  witnesses  of  the  early  presence  of  the  Spaniard.^ 

During  the  first  half  of  the  eighteenth  century,  the 
French  pushed  up  the  western  tributaries  of  the  Missis- 
sippi River,  and  in  1739  succeeded  in  penetrating  to 
Santa  Fe.  In  later  years  several  French  expeditions 
reached  the  Spanish  settlements.  The  French  heard  ru- 
mors of  rich  mines  in  the  Rocky  Mountains,  but  appar- 
ently failed  to  find  the  mineral  deposits.^ 

After  the  purchase  of  Louisiana,  many  years  elapsed 
before  the  public  became  convinced  that  there  were  rich 
ores  in  the  Rocky  Mountains.    James  Pursley  claimed  to 

^  H.  H.  Bancroft,  History  of  Arizona  and  Neio  Mexico,  258 ;  History 
of  Nevada,  Colorado,  and  Wyoming,  339. 

'  Investigations  which  are  now  in  progress  at  the  University  of  Califor- 
nia may  clear  up  the  mystery. 

'  Herbert  E.  Bolton,  "French  Intrusions  into  New  Mexico,  1749-1752." 
in  The  Pacific  Ocean  in  History  (H.  Morse  Stephens  and  Herbert  E.  Bolton, 
eds.),  389-407;  Jerome  C.  Smiley,  Semi-Centennial  History  of  the  State  of 
Colorado,  I,  194-200. 

vii 


viii  INTRODUCTION 

have  found  gold  on  the  head  waters  of  the  South  Platte,^ 
but  Pike's  report  of  the  discovery  attracted  but  little 
attention. 

The  first  known  party  of  prospectors  to  go  from  the 
frontier  settlements  to  the  Rocky  Mountains  went  from 
Missouri  in  1827.  The  party  of  twenty-five  Missourians 
headed  by  James  Cockrell  went  to  search  for  a  silver 
mine  which  the  leader  claimed  to  have  discovered  the 
previous  year.  They  reached  the  Raton  Mountains,  but 
failed  to  find  the  mine,^ 

Trappers  and  traders  during  the  30 's  occasionally 
found  traces  of  gold,  but  no  mines  were  opened  by  them, 
nor  did  their  discoveries  cause  people  to  search  for  the 
precious  metal.^ 

During  the  summer  of  1835  Colonel  Henry  Dodge  led 
three  companies  of  dragoons  to  the  Rocky  Mountains  with 
the  object  of  establishing  peace  with  and  among  the  tribes 
along  the  South  Platte  and  the  upper  Arkansas,  In  the 
foothills  east  of  Pike's  Peak,  Dodge  "found  a  number  of 
fine  specimens  of  mineral  of  different  species  .  .  ,  on  the 
banks  and  in  the  beds  of  the  small  creeks,"  Whether  or 
not  these  specimens  showed  gold  or  silver  the  report  fails 
to  enlighten  us.^ 

During  1841-1844  Rufus  B,  Sage  was  hunting,  trap- 
ping, and  trading  in  the  Rocky  Mountains,  a  large  part 
of  his  time  being  spent  within  what  is  now  Colorado.  In 
1846  he  published  an  excellent  account  of  his  adventures 
in  which  there  are  numerous  statements  regarding  the 
presence  of  precious  metals  in  the  Rockies,    He  stated 

'  Zebulon  Montgomery  Pike,  Expeditions    (Elliott  Coues,  ed.),  758. 

^  Alexander  Major,  Seventy  Years  on  the  Frontier,  32-40. 

°  Josiah  Gregg,  Gom-merce  of  the  Prairies,  in  Early  Western  Travels 
(Reuben  Gold  Thwaites,  ed.),  XX,  243;  Rufus  B.  Sage,  Scenes  in  the  Rocky 
Mountains,  64-65. 

*  H.  Ex.  Docs.,  24  Cong.,  1  Sess.,  IV,  Doc.  181,  p.  22. 


INTRODUCTION  ix 

that  gold  had  been  found  in  Horse  Creek/  m  the  Medi- 
cine Bow  Kange,^  and  in  the  Black  Hills  of  southeastern 
Wyoming.^  He  said  that  the  Arapahoe  Indians  inhab- 
ited the  country-  bordering  upon  the  South  Platte  and  the 
Arkansas  rivers  and  that  the  region  was  rich  in  gold  and 
silver,^  On  the  headwaters  of  the  Kansas  River  he  saw 
formations  which  showed  '' certain  indications  of  gold."^ 
The  statements  of  Sage  did  not  attract  the  gold  seeker, 
and  not  until  a  decade  after  the  discovery  of  gold  in  Cali- 
fornia, did  the  public  seize  with  avidity  upon  the  possibil- 
ities of  fortune  in  the  Eockies. 

William  Gilpin,  the  first  territorial  governor  of  Colo- 
rado, made  three  trips  into  the  Far  West  during  1844- 
1849,  and  became  convinced  that  the  Pike 's  Peak  Country 
was  rich  in  precious  metals.^  Various  reports  that  gold 
existed  in  the  Eocky  Mountains  came  from  trappers  and 
emigrants  during  1848-1852,  but  the  lure  of  California 
called  the  adventurous  and  the  Colorado  deposits  re- 
mained buried  in  the  mountain  fastnesses." 

THE  GOLD  EUSH 

It  was  the  panic  of  1857  which  led  directly  to  the 
development  of  the  Pike's  Peak  Country.  Many  a  man 
lost  his  fortune  during  the  financial  depression  of  1857 
and  1858.'*  Eeports  of  discoveries  of  the  precious  metal 
began  to  filter  into  the  frontier  settlements  and  soon  the 
newspapers  were  filled  with  glowing  reports  of  the  New 
Eldorado,  raising  new  hopes  in  many  who  were  facing 
ruin. 

*  Sage,  Scenes  in  the  Rocky  Mountains,  64. 
'Ibid.,  131. 

'Ibid.,  133. 

*Ibid.,  166. 

'■Ibid.,  276. 

'William  Gilpin,  Mission  of  the  North  American  People,  178,  180-181. 

'  Smiley,  Hemi-Centennial  History  of  the  State  of  Color-ado,  1,  202-203. 

*  Frank  Hall,  History  of  the  State  of  Colorado,  I.  173-174. 


X  INTRODUCTION 

By  the  summer  of  1858  two  groups  of  gold  seekers 
had  made  their  way  to  Colorado.^  One  of  these  groups 
was  made  up  of  Georgians  and  Cherokees,  and  was 
headed  by  William  Green  Russell.  They  entered  Colo- 
rado by  way  of  the  Santa  Fe  Trail.  Most  of  them  moved 
northward,  and  on  June  24  camped  at  the  mouth  of 
Cherry  Creek.  Discouraged  by  unsuccessful  prospecting, 
several  of  the  party  returned  to  their  homes,  but  thirteen 
men  remained  and  continued  prospecting.  On  June  30 
five  or  six  dollars'  worth  of  gold  was  washed  from  the 
sands  of  the  South  Platte  and  a  few  days  later  a  good 
strike  was  made  on  Little  Dry  Creek. 

An  emigrant  named  Cantrell,  returning  from  Salt 
Lake  City,  carried  some  of  the  Dry  Creek  silt  to  the  fron- 
tier town  of  Westport.  This  gave  rise  to  exaggerated 
stories  regarding  the  richness  of  the  Pike's  Peak  Coun- 
try. After  taking  a  trip  into  North  Park,  members  of 
the  Russell  party  prospected  the  creeks  as  far  north  as 
the  Cache  la  Poudre  River.  Winter  quarters  were  estab- 
lished near  the  mouths  of  Cherry  Creek. 

The  second  group  was  the  ''Lawrence  Party,"  which 
left  Lawrence,  Kansas,  and  followed  the  Santa  Fe  Trail 
into  Colorado.  Their  first  prospecting  was  in  the  neigh- 
borhood of  Pike's  Peak.  From  there  they  moved  to  the 
Sangre  de  Cristo  Creek,  where  they  heard  of  the  success 
of  the  Russell  Party.  They  determined  to  move  to  the 
South  Platte.  There  they  found  enough  gold  to  encour- 
age most  of  them  to  spend  the  winter  in  Colorado.    Those 

^  The  best  accounts  of  the  gold  rush  to  Colorado  are  to  be  found  in 
Smiley,  Semi-Centennial  History  of  the  State  of  Colorado,  I,  208-294;  Ban- 
croft, History  of  'Neva^la,  Colorado,  and  Wyoming.  loJfO-1888,  pp.  363-400; 
Frank  Hall,  History  of  the  State  of  Colorado,  1,  228-261;  Wilbur  Fisk 
Stone,  History  of  Colorado,  I,  228-261;  Ovando  J.  Hollister.  The  Afines  of 
Colorado,  59-130.  The  critical  historical  worker  will  find  them  rather  un- 
satisfactory. 


IXTRODUCTIOX  xi 

who  returned  to  Kansas  showed  a  sufficient  amount  of 
gold  to  cause  excitement  in  the  settlements. 

Before  the  end  of  1858  several  parties  from  Missouri, 
Kansas  and  Nebraska  made  the  long  trip  across  the 
plains.  Most  of  them  wintered  in  the  neighborhood  of 
modern  Denver,  but  some  of  them  went  to  the  mouth  of 
the  Fountain  River  where  Pueblo  now  stands ;  others  to 
the  site  of  Boulder,  and  others  elsewhere. 

The  "Lawrence  Party"  in  September  organized  the 
Montana  Town  Company.  The  site  selected  did  not  prove 
to  be  satisfactory  and  some  of  the  party  moved  to  the 
east  side  of  the  mouth  of  Cherry  Creek,  where  they 
founded  Charles  City.  A  rival  town  called  Auraria  soon 
sprang  up  on  the  west  side  of  the  creek.  A  party  from 
Lecompton  and  Leavenworth  arrived  at  Auraria  in  No- 
vember and  organized  the  "Denver  City  Town  Com- 
pany," naming  it  after  Governor  Denver  of  Kansas.  The 
Denver  Company  included  in  its  plat  lands  of  the  St. 
Charles  Company.  Newcomers  continued  to  arrive,  and 
Denver  and  Auraria  soon  became  towns  of  considerable 
size.  Prospecting  continued  during  the  late  fall  and  win- 
ter, and  settlements  were  begun  which  eventually  devel- 
oped into  Boulder,  Colorado  City,  and  Pueblo. 

Exaggerated  tales  of  the  richness  of  the  Pike 's  Peak 
Country  appeared  in  the  eastern  newspapers  during  the 
winter,  and  early  in  1859  a  great  rush  began.  Most  of 
the  goldseekers  came  up  the  Platte  or  Arkansas,  but 
many  followed  the  difficult  trail  up  the  Smoky  Hill.  Prob- 
ably a  hundred  thousand  people  came  to  Colorado  in  the 
spring  of  1859.  Many  were  grievously  disappointed,  and 
about  forty  thousand  returned  to  "the  states"  before  the 
summer  was  over. 


xii  INTRODUCTION 

Fortunately  gold  was  found  in  paying  quantities. 
The  first  important  strike  was  made  at  Gold  Hill  (Boul- 
der County).  A  more  important  one  was  made  near 
the  site  of  Idaho  Springs  (Clear  Creek  County),  by 
George  A.  Jackson,  and  near  Central  City  (Gilpin  Coun- 
ty) John  H.  Gregory  found  gold.  The  discoveries  by 
Jackson  and  Gregory  pointed  the  way  and  thousands  of 
men  began  to  stake  claims  along  Clear  Creek  and  its  trib- 
utaries. Others  began  prospecting  and  staking  claims 
along  Boulder  Creek  and  its  tributaries.  Congested  con- 
ditions and  the  fact  that  many  prospectors  were  unsuc- 
cessful led  to  the  search  for  other  fields.  The  South  Park 
mines  were  opened ;  Tarryall  Creek,  the  Fairplay  region, 
and  the  Blue  River  country  were  soon  producing  gold. 
In  1860  the  mining  area  was  considerably  enlarged  by 
the  discovery  of  '^pay  dirt"  on  the  Arkansas  River  about 
twenty-five  miles  below  modern  Leadville,  and  near  the 
headwaters  of  the  river.  Placer  mining  reached  its  zenith 
in  1860,  and  after  that  steadily  declined,  and  not  until  the 
Hill  process  of  treating  refractory  ores  was  perfected  did 
mining  activities  develop  greatly.  At  the  end  of  1860  the 
white  population  did  not  exceed  35,000.  The  first  census 
of  the  Territory  of  Colorado  was  taken  in  the  summer  of 
1861  and  showed  a  population  of  25,329.^ 

GOVERNMENTAL  ORGANIZATION 

When  the  gold  rush  began  the  Pike's  Peak  Country 
fell  within  the  Territories  of  Kansas  and  Nebraska.  The 
region  east  of  the  Continental  Divide  and  south  of  the 
fortieth  parallel  was  within  the  Territory  of  Kansas,  and 
the  territory  north  of  the  fortieth  parallel  and  east  of  the 
summit  of  the  Rocky  Mountains  fell  within  the  bound- 

'  The  Colorado  City  Journal,  August  1,  1861.  The  only  copy  of  thia 
paper  known  to  exist  is  the  property  of  Jesse  S.  Eandall  of  Georgetown 
and  is  now  In  the  keeping  of  the  University  of  Colorado. 


INTRODUCTION  xiii 

aries  of  Nebraska.^  The  principal  mining  camps  were  in 
Arapahoe  County,  Kansas,  a  county  which  had  never 
been  fully  organized.- 

It  became  e^4dent  to  the  settlers  that  they  were  too 
far  from  the  settled  areas  of  Kansas  to  obtain  the  bene- 
fits of  its  established  government.  Before  the  close  of 
1858  men  at  Auraria  conceived  the  idea  of  asking  Con- 
gress for  a  territorial  organization.  On  November  6 
Hiram  J.  Graham  was  elected  delegate  to  Congress.  Upon 
his  arrival  at  Washington  he  found  that  a  bill  had  been 
introduced  to  organize  the  ''Territory  of  Colona"  in  the 
Pike 's  Peak  Country.  Another  bill  was  also  pushed  for- 
ward to  organize  a.  temporary  government  for  the  "Ter- 
ritory of  Jefferson."    Neither  bill  passed. 

The  Pike's  Peakers  took  steps  to  get  in  touch  with 
the  Kansas  government  by  electing  A.  J.  Smith  to  repre- 
sent them.  In  February,  1859,  the  Kansas  Assembly  abol- 
ished Arapahoe  County  and  created  five  counties  in  its 
place. 

The  settlers  foresaw  the  necessity  of  immediate  pro- 
vision for  maintaining  law,  order,  and  property  rights, 
and  accordingly  took  matters  into  their  own  hands.  In 
April,  1859,  a  convention  was  held  at  Auraria  which  re- 
solved that  the  ''State  of  Jefferson"  be  created.  The 
boundaries  as  laid  down  by  the  convention  embraced  a 
larger  area  than  the  present  State  of  Colorado,  includ- 
ing portions  of  the  modem  States  of  Nebraska,  Wyo- 
ming, and  Utah  as  well  as  Colorado,  about  177,000  square 
miles  in  all. 

'  Henry  Gannett,  Boundaries  of  the  United  States  and  of  the  ser^ral 
States  and  Territories,  H.  Docs.,  58  Cong.,  2  Sess.,  Doc.  678,  pp.  126-127; 
Organic  Acts  for  the  Territories  of  the  United  States,  Sen.  Docs.,  56  Cong., 
1  Sess.,  Doc.  148,  pp.  119-136. 

^Frederic  L.  Paxson,  "The  Territory  of  Colorado,"  in  The  American 
Historical  Review,  XII,  55;  Helen  G.  Gill,  "The  Establishment  of  Counties 
in  Kansas,"  in  Kansas  Historical  Collections,  VIII,  452. 


xiv  INTRODUCTION 

On  June  6  delegates  met  in  Denver  for  the  purpose 
of  drawing  up  a  constitution,  but  the  convention  ad- 
journed before  its  work  was  completed.  A  sentiment 
favoring  a  territorial  organization  soon  developed.  The 
convention,  which  came  together  on  August  1,  completed 
a  state  constitution  and  submitted  to  the  voters  the  ques- 
tion of  whether  the  new  government  was  to  be  that  of  a 
state  or  a  territory.  On  September  5  the  people  voted  in 
favor  of  territorial  government,  and  October  10-12  a  con- 
vention perfected  a  provisional  government  for  the  Ter- 
ritory of  Jefferson.  Many  people  believed  that  the  Ter- 
ritory of  Jefferson  was  illegal  and  an  election  was  called 
to  elect  officers  under  the  laws  of  Kansas.  Captain  Rich- 
ard Sopris  was  elected  a  representative  and  eventually 
took  his  seat  in  the  Kansas  Legislature.  The  real  gov- 
ernment of  the  Pike's  Peak  Country,  however,  was  admin- 
istered under  the  laws  of  the  Territory  of  Jefferson,  al- 
though many  transactions  were  conducted  in  accordance 
with  the  laws  of  Kansas.  The  Territory  of  Jefferson 
existed  until  superseded  by  the  Territory  of  Colorado, 
which  was  created  by  act  of  Congress  on  February  28, 
1861.1 

As  soon  as  the  miners  began  to  penetrate  the  moun- 
tains, they  found  it  necessary  to  establish  local  govern- 
ments. They  took  matters  into  their  own  hands,  laid  off 
mining  districts,  organized  governments,  and  enacted 
laws.  Little  attention  has  been  paid  to  this  phase  of  Colo- 
rado history.  It  has  been  the  belief  of  most  investigators 
that  the  records  of  the  districts  could  never  be  recovered, 
and  historians  have  been  content  to  draw  their  conclu- 
sions mainly  from  five  printed  laws  which  belong  to  the 
Colorado  State  Historical  and  Natural  History  Society, 

'  Paxson,  "The  Territory  of  JefTerson :  A  Spontaneous  Commonwealth," 
in  University  of  Colorado,' Studies,  III,  No.  1,  pp.  15-18;  Smiley,  Semi- 
centennial History  of  the  State  of  Colorado,  I,  327-362. 


INTRODUCTION  xv 

and  from  the  records  edited  by  Clarence  King  and  pub- 
lished by  the  Census  Office  in  1885,  entitled,  The  United 
States  Mining  Laws  mid  Regulitions  thereunder,  and 
State  and  Territorial  Mining  Laws,  to  tvhich  are  ap- 
pended local  Mining  Rules  and  Regidations} 

An  examination  of  the  contents  of  the  vaults  in  the 
offices  of  the  county  clerks  of  Gilpin,  Clear  Creek,  and 
Boulder  counties  brought  to  light  a  great  mass  of  docu- 
ments of  1859-1861.  Transcripts  of  the  laws  and  minutes 
of  the  miners '  meetings  have  been  made  and  are  now  ac- 
cessible at  the  University  of  Colorado. 

These  have  been  supplemented  by  documents  ob- 
tained from  Mr.  Jesse  S.  Randall,  the  editor  of  The 
Georgetown  Courier,  from  the  papers  of  Senator  Teller 
and  of  Mr.  Hal  Sayre  of  Denver,  and  by  excerpts  from 
The  Rochy  Mountain  Neivs,  the  principal  contemporary 
Colorado  newspaper.^ 

The  documents  are  so  numerous  and  voluminous  that 
it  has  not  been  possible  to  publish  them  all  at  this  time. 
The  present  volume  is  confined  to  Gilpin  County.  As  far 
as  possible  the  documents  of  each  district  are  arranged 
in  chronological  order,  and  the  districts  follow  the  order 
of  their  organization.  A  faithful  attempt  has  been  made 
to  preserve  the  spelling  and  punctuation  of  the  originals, 
no  matter  how  weird  the  effect.  The  map,  which  is 
printed  as  the  frontispiece,  was  drawn  from  a  rare  old 
map  which  hung  in  the  Office  of  the  County  Clerk  of  Gil- 
pin County. 

The  compiler  of  this  volume  is  especially  grateful 
for  courtesies  extended  to  him  by  the  county  clerk  of  Gil- 

'  //.  Misc.  Docs..  47  Cong.,  2  8es9.,  XIII.  Pt.  14.  Doc.  42.  Tlu"  Colorado 
lawH  and  regulations  cover  pp.  .340-4!)4,  and  include  tlio  partial  records  of 
six  districts  in  (iilj)in  County. 

2  Thomas  Maitland  Marshall,  "The  Miners"  Laws  of  Colorado."  in  The 
American  Historical  RerAeu:,  XXV,  426-439. 


xvi  INTRODUCTION 

pin  County,  Frank  G.  Moody ;  by  F.  A.  Maxwell,  the  dep- 
uty county  treasurer,  L.  A.  Hafer,  the  county  clerk,  and 
George  D.  Criley,  the  deputy  clerk,  of  Clear  Creek  Coun- 
ty ;  and  by  Francis  Beckwith,  the  county  clerk  of  Boulder 
County.  Members  of  the  staff  of  the  State  Historical 
and  Natural  History  Society  have  done  all  in  their  power 
to  give  assistance.  Professor  James  F.  Willard  aided 
materially  in  obtaining  the  Sayre  and  Teller  papers  and 
gave  much  valuable  time  in  editorial  assistance.  I  am 
especially  grateful  to  Mr.  Hal  Sayre  of  Denver,  to  the 
heirs  of  Senator  Teller,  and  to  Jesse  S.  Randall  of 
Georgetown  for  materials  which  they  generously  gave  to 
the  University,  and  to  Victor  I.  Noxon,  editor  of  The 
Boulder  County  Miner,  for  many  useful  suggestions. 

Financial  assistance  which  made  the  investigation 
possible  was  given  by  the  Supervisors  of  Gilpin  County, 
by  Charles  Loughridge  of  Denver,  and  by  the  following 
citizens,  banks,  and  business  houses  of  Boulder :  John  A. 
McKenna,  William  Loach,  AVarren  F.  Bleecker,  Charles 
F.  Linsley,  Robert  Sterling,  J.  W.  Valentine,  J.  E.  Kirk- 
bride,  J.  P.  Maxwell,  John  Armstrong,  Boulder  National 
Bank,  Buchheit  and  Graham,  The  Hub  Stores  Company, 
and  Professor  R.  D.  George. 


GREGORY  DISTRICT 


MASS  MEETING,  GREGORY'S  DIGGINGS.^ 

The  first  mass  meeting  ever  held  in  the  Rocky  Mountains, 
assembled  at  the  Gregory  Digging-s,  on  Tuesday  evening  the  8th 
inst.  [June  8,  1859].  Between  two  and  three  thousand  miners 
were  present,  although  only  a  few  hours  verbal  notice  of  the 
meeting  had  been  given.  Judge  H.  P.  A.  Smith  was  called  to 
the  chair. 

Hon.  Horace  Greeley,  the  first  speaker,  was  received  with 
three  cheers.  He  alluded  to  the  cheering  indications  he  had 
seen  during  the  day,  in  examining  the  mines  and  sluices.  He 
had  always  had  a  suspicion — from  which  he  was  not  yet  entirely 
free — that  these  mines  would  not  prove  equal  in  richness  to 
those  of  California ;  but  in  view  of  the  great  discoveries  of  the 
last  five  weeks,  there  was  evidently  a  vast  future  before  this 
region.  It  was  by  no  means  probable  that  all  the  gold  of  the 
Eastern  slope  was  confined  to  this  little  area  of  seven  or  eight 
miles.  He  advocated  the  formation  of  a  new  State,  and  trusted 
that  one  might  be  made  and  brought  into  the  Union  without 
going  through  the  troublesome  and  undemocratic  form  of  a 
Territorial  organization.  He  spoke  at  length,  of  the  peculiar 
temptations  towards  drinking,  gaming,  etc.,  to  which  the  miners 
were  subjected,  and  urged  them  to  steadfastly  avoid  them ;  to 
look  to  untiring  industry  instead  of  speculation  for  their  accum- 
ulations ;  to  maintain  good  order,  and  to  live  as  the  loved  ones 
they  had  left  at  home — the  brothers  and  sisters,  fathers  and 
mothers,  wives  and  children — would  wish;  that  when  they  re- 
turned they  might  carry  with  them  the  reward  of  their  labors. 
If  a  gambler,  after  being  warned  not  to  do  so,  should  persist  in 
coming  among  them,  he  advised  putting  him  on  a  good  mule, 

^  Rocky  Mountain  Neirs,  June  18,  ISfjO,  i).  1.  Other  accounts  of  the 
trip  of  Greeley  and  Richardson  may  be  found  in  Horace  Greeley,  An  over- 
land Journey  from  New  York  to  Han  Francisco,  and  in  Albert  D.  Richard- 
son, Beyond  the  Mississippi. 

1 


2  GILPIN  COUNTY  RECORDS 

headed  out  of  the  mountains,  and  asking  him  if  he  would  not 
like  to  take  a  ride?  (Laughter  and  applause.)  He  should  in 
a  few  days  go  hence  to  Salt  Lake  and  California,  and  it  was 
one  purpose  of  this  trip,  to  do  what  he  could  to  hasten  the  con- 
struction of  the  Pacific  Railroad,  which  ought  to  have  been 
built  long  ago  (loud  applause).  When  Mr.  Greeley  retired 
three  rousing  cheers  were  given  for  him. 

B.  D.  Williams  Esq.,  acting  Superintendent  of  the  Express 
Company,  was  called  out  and  made  a  few  remarks.  He  stated 
that  he  had  come  through  from  Leavenworth  to  Denver  City  in 
six  days  and  twenty-three  hours ;  that  Eastern  letters  to  and 
from  Denver  would  hereafter  be  brought  by  the  U.  S.  Mail  at 
the  legal  rates ;  that  a  charge  of  but  twenty-five  cents  would  be 
made  by  the  Company  for  taking  letters  between  Denver  and 
the  Diggings ;  that  Jones  &  Russell — whose  names  were  types  of 
magnanimity  throughout  the  West — had  large  supplies  of  pro- 
visions on  the  road,  which  they  proposed  to  sell  here  at  fair,  not 
extortionate  prices  (Cheers). 

Judge  Smith,  in  response  to  the  call  of  the  meeting,  spoke 
of  the  flattering  prospects  of  the  mines,  and  the  rich  treasures 
in  the  gulches  and  ravines  of  the  mountains  that  were  now  open- 
ing. He  advocated,  earnestly,  the  movement  for  a  new  State. 
We  were  700  miles  from  the  Kansas  seat  of  government;  a  min- 
ing region  required  laws  radically  different  from  an  agricultural 
one;  it  was  impossible,  as  at  present  situated,  to  secure  the 
prompt  and  legal  administration  of  justice.  The  new  State  he 
trusted,  without  going  through  the  chrysalis  condition  of  a  terri- 
tory— was  to  spring  fully  matured  into  existence,  like  Minerva 
from  the  brain  of  Jove — and  here,  in  its  proper  position,  on  the 
apex  of  the  Rocky  Mountains,  was  to  be  the  real  Keystone  State 
of  the  Union  (vehement  applause).  He  understood  that  the 
Kansas  Legislature  had  appointed  Commissioners  to  lay  out 
new  counties  and  locate  the  county  seats  here,  for  which  they 
were  to  receive  each  five  dollars  per  day  and  expenses,  not  one 
cent  of  which  was  to  be  paid  from  the  Territorial  Treasury,  but 
by  the  people  here.  He  thought  it  would  be  well  to  carry  out 
Mr.  Greeley's  idea  about  the  gamblers,  and  when  one  of  these 


GREGORY   DISTRICT  3 

Commissioners  came,  to  put  him  on  a  mule,  and  give  him  an 
invitation  to  ride  out  of  the  country!  (Laughter  and  cheers). 
A.  D.  Richardson  Esq.,  was  next  introduced.  A  good  deal 
had  been  said  tonight  about  mules  and  mule-riding ;  now  he  was 
a  candidate  for  one  of  those  mule-rides.  He  was  one  of  the  Com- 
missioners appointed  to  organize  a  county  here  and  locate  the 
county  seat  (laughter).  Like  the  last  speaker,  he  had  not  ob- 
jected to  coming  out  under  a  fat  appointment.  Five  dollars  a 
day  and  expenses  was  a  good  thing.  A  mule  was  a  good  thing 
too;  he  didn't  happen  to  own  one,  and  if  they  presented  him 
with  one,  should  not  decline  it — in  fact,  would  rather  like  it 
(excessive  merriment).  As  for  the  ride,  he  could  only  say: 
Strike,  but  hear  him  !  He  reached  Denver  yesterday ;  but  in  a 
few  hours  had  become  satisfied  that  here  were  the  elements  of 
a  great  State,  to  be  developed  with  wonderful  rapidity.  He 
hoped  it  might  become  a  State  in  the  Union,  and  escape  the 
ser\'ile  and  dependent  form  of  a  Territory.  Interested  here  in 
common  with  all  other  citizens,  he  could  do  nothing  to  retard 
that  event  or  to  complicate  the  issues.  Therefore,  "Montana 
County"  would  hardly  be  organized  just  yet:  and  he  was  pre- 
pared to  sell  out  his  emoluments — cheap  (applause).  But  like 
the  ass  who  starved  between  two  bundles  of  hay,  he  feared  he 
was  to  lose  both  the  mule  and  the  five  dollars  a  day — which  was 
really  melancholy  to  contemplate.  He  congratulated  the  hardy 
pioneers,  who  had  remained  through  all  obstacles,  and  now  be- 
gan to  be  rewarded.  He  had  met  many  returning  emigrants, 
looking  as  if  they  were  under  a  very  deep  conviction  of  sin. 
The  late  discoveries  promised  to  add  a  new  star  to  the  federal 
constellation,  and  to  locate  the  great  Pacific  Kailroad  of  the 
future  in  this  central  region — away  from  the  deserts  of  the 
South,  and  the  snows  of  the  North.  Not  many  years  would 
elapse  before  the  people  of  the  sea-board  would  come,  for  Sum- 
mer recreation,  to  these  ''mother  mountains,"  and  at  some  sta- 
tion not  far  away,  Boston  and  San  Francisco,  London  and 
Canton,  would  meet  and  exchange  salutations  and  newspapers, 
while    their    respective    trains    were    stopping    for    breakfast. 


4  GILPIN  COUNTY  RECORDS 

(Three  cheers  were  given  for  Mr.  E.,  and  a  unanimous  vote  of 
approval  for  his  conduct  was  passed.) 

Dr.  J.  Casto  was  called  out,  and  in  a  few  remarks  urged 
the  miners  who  had  not  found  paying  leads,  to  push  on  toward 
the  snowy  range,  whither  an  exploring  party  was  going  in  a 
few  days. 

The  Meeting  then  adjourned.  It  was  a  stirring  sight  to  see 
so  large  an  assembly  in  the  Mountains,  and  was,  no  doubt,  sur- 
prising to  the  grizzly  bears,  who  held  undisputed  sway  there  six 
weeks  ago. 

THE  KANSAS  GOLD  MINES.^ 

We  are  indebted  to  the  kindness  of  Mr.  Williams,  of  the 
Leavenworth  &  Pike's  Peak  Express,  for  the  following  report 
from  Messrs.  Greeley,  Richardson,  and  Villard,  which  will  give 
satisfaction  to  the  public  mind,  and  at  once  set  at  rest  the  cry 
of  "humbug"  reiterated  by  the  returning  emigration  from  this 
region.  The  names  of  the  gentlemen  sig-ned  to  this  report  are 
sufficient  to  give  it  credence  without  further  comment  from  us ; 
and  the  indefatigable  exertions  of  Mr.  Williams  to  get  it  before 
the  public  are  commendable. 

Denver  City,  K.  T.,  June  10th,  1859. 
Gentlemen : — Will  you  do  me  the  favor  to  furnish  me,  for 
publication,  such  facts  in  reference  to  the  Gold  Mines,  as  you 
obtained  upon  your  recent  visit  to  them,  in  company  with  my- 
self and  others?  We  desire  that  the  facts  should  be  presented 
to  the  public  as  they  exist. 

Yours  respectfully, 

D.  B.  Williams, 
Agent  "Jones  &  Russell's  P.  P.  Expres.  Co." 

Messrs.  Horace  Greeley,  of  the  N.  Y.  "Tribune" ;  A.  D. 
Richardson,  of  the  Boston  "Journal" ;  and  Henry  Villard,  of 
the  Cincinnati  "Commercial." 

Denver  City,  K.  T.,  June  10th,  1859. 
Dear  Sir: — In  reply  to  your  favor  of  this  morning,  we 

^  Rocky  Mountain  Netvs,  June  11,  1859,  p.  1. 


GREGORY  DISTRICT  5 

herewith  submit  a  report,  written  at  the  ''Gregory  Diggings," 
of  such  facts  as  we  witnessed  there,  and  obtained  from  the  lips 
of  the  miners.  We  have  endeavored  to  make  it  definite  and 
specific  as  possible,  and  to  give  an  unbiased  statement  of  the 
present  condition  and  progTess  of  the  first  important  gold  dis- 
coveries in  the  eastern  slope  of  the  Rocky  Monnt-ains.  We  de- 
sire to  acknowledge  your  many  courtesies  during  the  trip. 

Respectfully, 
D.  B.  Williams,  Esq.  Horace  Greeley, 

A.  D.  Richardson, 
Henry  Villard. 

Gregorv's  Diggings,  near  Clear  Creek,  in  the  Rocky  Mountains, 

June  9th,  1859. 

The  undersigned,  none  of  them  miners,  nor  directly  inter- 
ested in  mining,  but  now  here  for  the  express  purpose  of  ascer- 
taining and  setting  forth  the  truth  with  regard  to  a  subject  of 
deep  and  general  interest,  as  to  which  the  widest  and  wildest 
diversity  of  assertion  and  opinion  is  known  to  exist,  unite  in  the 
following  statement : 

We  have  this  day  personally  visited  nearly  all  the  mines 
or  claims  already  opened  in  this  valley,  (that  of  a  little  stream 
running  into  Clear  Creek  at  this  point;)  have  witnessed  the 
operation  of  digging,  transporting,  and  washing  the  vein-stone, 
(a  partially  decomposed,  or  rotten  quartz,  running  in  regular 
veins  from  south-west  to  north-east,  between  shattered  walls  of 
an  impure  granite,)  have  seen  the  gold  plainly  visible  in  the 
riffles  of  nearly  every  sluice,  and  in  nearly  every  pan  of  the 
rotten  quartz  washed  in  our  presence;  have  seen  gold,  (but 
rarely)  visible  to  the  naked  eye,  in  pieces  of  the  quartz  not  yet 
fully  decomposed,  and  have  obtained  from  the  few  who  have 
already  sluices  in  operation  accounts  of  their  several  products, 
as  follows : 

Zeigler,  Spain,  &  Co.,  (from  South  Bend,  Tnd.)  have  run 
a  sluice,  with  some  interruptions,  for  the  last  three  weeks ;  they 
are  four  in  company,  with  one  hired  man.  They  have  taken  out 
a  little  over  three  thousand  pennyweights  of  gold,  estimated  by 


6  GILPIN  COUNTY  RECORDS 

them  as  worth  at  least  $3,000 ;  their  first  days  work  produced 
$21;  their  highest  was  $495. 

Sopris,  Henderson  &  Co.,  (from  Farmington,  Indiana,) 
have  run  their  sluice  six  days  in  all  with  four  men — one  to  dig, 
one  to  carry,  and  two  to  wash :  four  days  last  week  produced 
$607 :  Monday  of  this  week  $208 ;  no  further  reported.  They 
have  just  put  in  a  second  sluice,  which  only  began  to  run  this 
morning. 

Foote  &  Simmons,  (from  Chicago:)  one  sluice,  run  four 
days :  two  former  days  produced  $40 ;  two  latter  promised  us, 
but  not  received. 

Defrees  &  Co.,  (from  South  Bend,  Ind.,)  have  run  a  small 
sluice  eight  days,  with  the  following  results :  first  day,  $6Q; 
second  day,  $80;  third  day,  $95;  fourth  day,  $305;  [the  four 
following  days  were  promised  us,  but,  by  accident,  failed  to 
be  received.]  Have  just  sold  half  their  claim,  [a  full  claim  is 
50  feet  by  100,]  for  $2500. 

Shears  &  Co.,  (from  Fort  Calhoun,  oSTebraska,)  have  run 
one  sluice  two  hours  the  first,  (part  of  a)  day;  produced  $30; 
second,  (first  full)  day,  $343:  third,  (today,)  $510:  all  taken 
from  "within  three  feet  of  the  surface;  vein  a  foot  wide  on  the 
surface ;  widened  to  eighteen  inches  at  a  depth  of  three  feet. 

Brown  &  Co.,  (from  De  Kalb  Co.,  Ind.,)  have  been  one 
week  on  their  claim ;  carry  their  dirt  half  a  mile ;  have  worked 
their  sluice  a  day  and  a  half;  produced  $260;  have  taken  out 
quartz  specimens  containing  from  50  cents  to  $13  each  in  gold; 
vein  from  8  to  10  feet  wide. 

Casto,  Kendall  &  Co.,  (from  Butler  Co.,  Iowa,)  reached 
Denver,  March  25th;  drove  the  first  wagon  to  these  diggings; 
have  been  here  five  weeks ;  worked  first  on  a  claim,  on  which 
they  ran  a  sluice  but  one  day;  produced  $225 ;  sold  their  claim 
for  $2500 ;  are  now  working  a  claim  on  the  Hunter  lead,  have 
only  sluiced  one,  (this)  day;  three  men  employed;  produced 
$85. 

Bates  &  Co.  one  sluice,  run  half  a  day ;  produced  $135. 

Colman,  King  &  Co.,  one  sluice,  run  half  a  dav;  produced 
$75. 


GREGORY  DISTRICT  7 

Shorts  &  Collier,  boiie^ht  our  claims  seven  days  since  of 
Casto,  Kendall  &  Co.,  for  $2500;  $500  down,  and  the  balance 
as  fast  as  taken  out.  Have  not  yet  got  our  sluices  in  operation. 
Mr.  Dean,  from  Iowa,  on  the  6th  inst.,  washed  from  a  single 
pan  of  dirt  taken  from  the  claim,  $17.80.  Have  been  offered 
$10,000  for  the  claim. 

S.  G.  Jones  &  Co.,  from  Eastern  Kansas,  have  run  our 
sluices  two  days,  with  three  men ;  yield  $225  per  day.  Think 
the  quartz  generally  in  this  vicinity  is  gold-bearing.  Have 
never  seen  a  piece  crushed  that  did  not  yield  gold. 

A.  P.  Wright  &  Co.,  from  Elkhart  Co.,  Ind.  Sluice  but 
just  in  operation;  have  not  yet  ascertained  its  products — Our 
claim  prospects  from  25  cents  to  $1.25  to  the  pan. 

John  H.  Gregory,  from  Gordon  Co.,  Georgia.  Left  home 
last  season,  en  route  for  Frazier  River,  was  detained  by  a  suc- 
cession of  accidents  at  Ft.  Laramie,  and  wintered  there.  Mean- 
while, heard  of  the  discoveries  of  gold  on  the  South  Platte,  and 
started  on  a  prospecting  tour  on  the  Eastern  slope  of  the  Rocky 
Mountains,  early  in  January.  Prospected  in  almost  every  val- 
ley, from  the  Cache  la  Poudre  creek,  to  Pike's  Peak,  tracing 
many  streams  to  their  sources.  Early  in  May  arrived  on  Clear 
Creek,  at  the  foot  of  the  mountains,  30  miles  Southeast  of  this 
place.  There  fell  in  with  the  Defrees  &  Ziegler  Indiana  Com- 
panies, and  William  Fonts,  of  Missouri.  We  all  started  up 
Clear  Creek,  prospecting.  Arrived,  in  this  vicinity.  May  6; 
the  ice  and  snow  prevented  us  from  prospecting  far  below  the 
surface,  but  the  first  pan  of  surface  dirt,  on  the  original  Greg- 
ory claim,  yielded  $4. — Encouraged  by  this  success,  we  all 
staked  out  claims,  found  the  "lead"  consisting  of  burnt  quartz, 
resembling  the  Georgia  Mines,  in  which  I  had  previously 
worked.  Snow  and  ice  prevented  the  regular  working  of  the 
lead  till  May  16th. — From  then  until  the  23rd,  I  worked  it 
five  days  with  two  hands,  result,  $972.  Soon  after,  I  sold  my 
two  claims  for  $21,000  the  parties  buying,  to  pay  me,  after  de- 
ducting their  expenses,  all  they  take  from  the  claims  to  the 
amount  of  $500  per  week,  until  the  whole  is  paid.  Since  that 
time,  I  have  been  prospecting  for  other  parties,  at  about  $200 


8  GILPIN  COUNTY  RECORDS 

per  day. — Have  struck  another  lead  on  the  opposite  side  of  the 
valley,  from  which  I  washed  $14,  out  of  a  single  pan. 

Some  forty  or  fifty  sluices  commenced,  are  not  yet  in  oper- 
ation; but  the  owners  informs  us  that  their  "prospecting" 
shows  from  10  cents  to  $5  to  the  pan.  As  the  "leads"  are  all 
found  on  the  hills,  many  of  the  miners  are  constructing  trenches 
to  carry  water  to  them,  instead  of  building  their  sluices  in  their 
ravines,  and  carrying  the  dirt  thither  in  wagons,  or  sacks. 
Many  persons  who  have  come  here  without  provisions  or  money, 
are  compelled  to  work  as  common  laborers,  at  from  $1  to  $3  per 
day  and  board,  until  they  can  procure  means  of  sustenance  for 
the  time  necessary  to  prospecting,  building  sluices,  etc.  Others, 
not  finding  gold  the  third  day,  or  disliking  the  work  necessary 
to  obtaining  it,  leave  the  mines  in  disgust,  after  a  very  short 
trial,  declaring  there  is  no  gold  here  in  paying  quantities.  It 
should  be  remembered  that  the  discoveries  made  thus  far,  are 
the  result  of  but  five  weeks'  labor. 

In  nearly  every  instance,  the  gold  is  estimated  by  the  min- 
ers as  worth  $20.00  per  ounce,  which,  for  gold  collected  by 
quicksilver,  is  certainly  a  high  valuation,  though  this  is  un- 
doubtedly of  very  great  purity.  The  reader  can  reduce  the  esti- 
mate if  he  sees  fit.  We  have  no  data  on  which  to  act  in  the 
premises. 

The  wall  rock  is  generally  shattered,  so  that  it,  like  the 
veinstone,  is  readily  taken  out  with  the  pick  and  shovel.  In  a 
single  instance  only  did  we  hear  of  wall-rock  too  hard  for  this. 

Of  the  vein  stone,  probably  not  more  than  one-half  is  so 
decomposed  that  the  gold  can  be  washed  from  it.  The  residue 
of  the  quartz  is  shoveled  out  of  the  sluices,  and  reserved  to  be 
crushed  and  washed  hereafter.  The  miners  estimate  this  as 
equally  rich  with  that  which  has  "rotted"  so  that  the  gold  may 
be  washed  from  it ;  hence,  that  they  realize,  as  yet,  but  half  the 
gold  dug  by  them.  This  seems  probable,  but  its  truth  remains 
to  be  tested. 

It  should  be  borne  in  mind  that,  while  the  miners  here  now 
labor  under  many  obvious  disadvantages,  which  must  disappear 
with  the  growth  of  their  experience  and  the  improvement  of 


GREGORY  DISTRICT  <  9 

their  now  rude  machinery,  they  at  the  same  time  enjoy  advan- 
tages which  can  not  be  retained  indefinitely,  nor  rendered  uni- 
versal. They  are  all  working-  ver\'  near  a  small  mountain  stream, 
which  affords  them  an  excellent  supply  of  water  for  washing  at 
a  very  cheap  rate;  and,  though  such  streams  are  very  common 
here,  the  leads  stretch  over  rugged  hills  and  considerable  moun- 
tains, doT\Ti  which  the  vein-stone  must  be  carried  to  water,  at  a 
serious  cost.  It  does  not  seem  probable  that  the  thousands  of 
claims  already  made  or  being  made  on  these  leads  can  be  worked 
so  profitably  in  the  average  as  those  already  in  operation.  We 
hear  already  of  many  who  have  worked  their  claims  for  days 
(by  panning)  without  having  "raised  the  color"  as  the  phrase  is 
— that  is,  without  having  found  any  gold  whatever.  We  pre- 
sume thousands  are  destined  to  encounter  lasting  and  utter  dis- 
appointment, quartz  veins  w^hich  bear  no  gold  being  a  prominent 
feature  of  the  geology  of  all  this  region. 

We  cannot  conclude  this  statement  without  protesting  most 
earnestly  against  a  renewal  of  the  infatuation  which  impelled 
thousands  to  rush  to  this  region  a  month  or  two  since,  only  to 
turn  back  before  reaching  it,  or  to  hurry  away  immediately 
after  more  hastily  than  they  came.  Gold-mining  is  a  business 
which  eminently  requires  of  its  votaries  capital,  experience, 
energy,  endurance,  and  in  which  the  highest  qualities  do  not 
always  command  success.  There  may  be  hundreds  of  ravines  in 
these  mountains  as  rich  in  gold  as  that  in  which  we  write,  and 
there  probably  are  many :  but,  up  to  this  hour,  we  do  not  know 
that  any  such  have  been  discovered.  There  are  said  to  be  five 
thousand  people  already  in  this  ravine,  and  hundreds  more  pour- 
ing into  it  daily.  Tens  of  thousands  more  have  been  passed  by 
us  on  our  rapid  journey  to  this  place,  or  heard  of  as  on  their 
way  hither  by  other  routes.  For  all  these,  nearly  every  pound 
of  provisions  and  supplies  of  every  kind  must  be  hauled  by 
teams  from  the  Missouri  river,  some  700  miles  distant,  over 
roads  which  are  mere  trails,  crossing  countless  unbridged  water 
courses,  always  steep-banked  and  often  mirey,  and  at  times  so 
swollen  by  rains  as  to  be  utterly  impassable  by  waggons.  Part 
of  this  distance  is  a  desert,  yielding  grass,  wood,  and  water  only 


10  GILPIN  COUNTY  RECORDS 

at  intervals  of  several  miles,  and  then  very  scantily.  To  attempt 
to  cross  this  desert  on  foot  is  madness — suicide — murder.  To 
cross  it  with  teams  in  midsummer,  when  the  water  courses  are 
mainly  dry,  and  the  grass  eaten  up,  is  possible  only  to  those 
who  know  where  to  look  for  grass  and  water,  and  where  water 
must  be  carried  along  to  preserve  life.  A  few  months  hence, — 
probably  by  the  middle  of  October, — this  whole  Alpine  region 
will  be  snowed  under  and  frozen  up,  so  as  to  put  a  stop  to  the 
working  of  sluices  if  not  to  mining  altogether.  There  then, 
for  a  period  of  at  least  six  months,  will  be  neither  employment, 
food,  nor  shelter  within  five  hundred  miles  for  the  thousands 
pressing  hither  under  the  delusion  that  gold  may  be  picked  up 
here  like  pebbles  on  the  sea-shore,  and  that  when  they  arrive 
here,  even  though  without  provisions  or  money,  their  fortunes 
are  made.  Great  disappointment,  great  suffering,  are  inevi- 
table ;  few  can  escape  the  latter  who  arrive  at  Denver  City  after 
September  without  ample  means  to  support  them  in  a  very  dear 
country,  at  least  through  a  long  winter.  We  charge  those  who 
manage  the  telegraph  not  to  diffuse  a  part  of  our  statement  with- 
out giving  substantially  the  whole ;  and  we  beg  the  press  gen- 
erally to  unite  with  us  in  warning  the  whole  people  against 
another  rush  to  these  gold-mines,  as  ill-advised  as  that  of  last 
spring — a  rush  sure  to  be  followed  like  that  by  a  stampede,  but 
one  far  more  destructi^'e  of  property  and  life. 

Respectfully, 

Horace  Greeley, 
A.  D.  Richardson, 
Henry  Villard. 


MINERS.^  MEETING.! 

At  a  meeting  of  the  miners  of  Gregory  Diggings  on  the 
North  Eork  of  Clear  creek,  K.  T.,  on  the  evening  of  the  8th 
inst.,  [June  8,  1859]  Wilk  Defrees  was  elected  President  and 
Joseph  Casto,  Secretary. 

^  Rocky  Mountain  Netvs,  June  11,  1859,  p.  2.  These  laws  were  also 
printed  on  a  large  sheet  entitled  Laws  and  Regulations  of  the  Gregory 
Diggings  District.    On  the  printed  sheet  Sections  10  and  11  were  omitted. 


GREGORY  DISTRICT  11 

1st.  Resolved  that  this  Mining  District  shall  be  bounded 
as  follows:  Commencing  at  the  mouth  of  the  North  Fork  of 
Clear  creek,  and  following  the  divide  between  said  stream  and 
Rallston  Creek  running  seven  miles  up  the  last  named  stream 
to  a  point  kno^^ni  as  Miners  Camp.  Thence  South  West  to  the 
Divide  between  the  North  Fork  of  Clear  Creek  and  the  South 
Branch  of  the  Same  to  place  of  beginning. 

2nd.  Resolved  that  no  miner  shall  hold  more  than  one 
claim  except  by  purchase  or  discovery,  and  in  any  ease  of  pur- 
chase the  same  shall  be  attested  by  at  least  two  disinterested 
witnesses  and  shall  be  recorded  by  the  Secretary  and  the  Secre- 
tarj  shall  receive  in  compensation  a  fee  of  one  dollar. 

3rd.  Resolved,  that  no  claim  which  has  or  may  be  made 
shall  be  good  and  valid  imless  it  be  staked  oif  with  the  owner's 
name,  giving  the  direction  length,  breadth  also  the  date  when 
said  claim  was  made,  and  w^hen  held  by  a  company  the  name  of 
each  member  shall  appear  conspicuously. 

4.  Resolved  that  each  miner  shall  be  entitled  to  hold  one 
mountain  claim,  one  gulch  claim  and  one  creek  claim  for  the 
purpose  of  washing,  the  first  to  be  100  feet  long  and  fifty  feet 
wide,  the  second  100  feet  up  and  down  the  river  or  gulch  and 
extending  from  bank  to  bank.^ 

5.  Resolved  that  Mountain  claims  shall  be  worked  within 
ten  days  from  the  time  they  are  staked  off,  otherwise  forfeited. 

6.  Resolved  that  when  members  of  a  company  constituted 
of  two  or  more,  shall  be  at  work  on  one  claim  of  the  company 
the  rest  shall  be  considered  as  worked  by  putting  a  notice  of  the 
same  on  the  claim. 

7.  Resolved,  each  discovery  claim  shall  be  marked  as 
such,  and  shall  be  safely  held  whether  worked  or  not. 

8.  Resolved,  that  in  all  cases  priority  of  claim  when  hon- 
estly carried  out  shall  be  respected. 

9.  Resolved  that  when  two  parties  wishing  to  use  water 
on  the  same  stream  or  ravine  for  quartz  mining  purposes,  no 

'  On  the  printed  sheet  the  law  reads  "fifty  feet"  instead  of  "from 
bank  to  bank". 


12  GILPIN  COUNTY  RECORDS 

person  shall  be  entitled  to  the  use  of  more  than  one  half  of  the 
water. 

10.  Eesolved,  that  when  disputes  shall  arise  between  par- 
ties in  regard  to  claims  the  party  agrieved  shall  call  upon  the 
Secretary,  who  shall  designate  nine  miners  being  disinterested 
persons  from  whose  number  the  parties  shall  alternately  strike 
off  one  untill  the  names  of  three  remain  who  shall  at  once  pro- 
ceed to  hear  and  try  the  case,  and  should  an^  miner  refuse  to 
obey  such  decision,  the  Secretary  shall  call  a  meeting  of  the 
miners  and  if  their  decision  is  the  same  the  party  refusing  to 
obey  shall  not  be  entitled  to  hold  another  claim  in  this  district, 
the  party  against  whom  the  decision  is  given  shall  pay  to  the 
Secretary  and  referees  the  sum  of  $5.00  each  for  their  services. 

11.  Resolved,  that  the  proceedings  of  this  meeting  be  pub- 
lished in  the  Rocky  Mountain  News,  and  a  collection  be  taken 
up  to  pay  for  100  extra  copies  for  the  use  of  the  miners. 

Wilk  Defree,  Pres't. 
Joseph  Casto,  See. 

LAWS  OF  JULY  16,  1859^ 

Laws  &  REGULATioisrs  of  the  Minees  of  Gregory 

Diggings  District 

Your  Committee  on  the  Codification  of  the  Laws  of  the 
District  beg  leave  to  report  that  they  have  Examined  the  Reso- 
lutions Submitted  to  them  Since  the  printed  Copy  Was  posted 
up  but  find  them  So  involved  and  in  many  cases  incompatible 
that  the[y]  hereby  report  a  Neiv  Code  which  they  recommend 
Should  be  passed  and  that  the  Original  Code  be  retained  with 
these  additions. 

1st  Resolved,  That  for  the  Settlement  of  differences  and 
the  purpose  of  preventing  disputes  the  Miners  of  this  District 
hereby  Enact;  that  there  Shall  be  elected  in  this  District  by 
ballot  a  President  a  Recorder  of  Claims  and  a  Sheriff  for  the 
term  of  one  year  from  this  date.     That  the  President  Secretary 

'  Gregory  District,  Book  A. 


GREGORY   DISTRICT  13 

and  one  Assistant  to  be  chosen  by  the  people  be  tellers  of  Said 
Election  and  that  it  take  place  immediately 

The  above  Resolution  was  passed  on  the  9th  of  July,  1859 
When  Cap  R.  Sopris  was  Elected  President,  C.  A.  Roberts, 
Recorder  and  Chas  Peck  Sheriff 

C.  A.  Roberts  Recorder 

2d  It  Shall  be  the  duty  of  Recorder  to  take  charge  of  and 
Safely  keep  all  records  heretofore  made  by  the  Secretary  and 
all  records  made  necessary  by  Law  Shall  hereafter  be  made  by 
him 

3d  All  Claims  may  be  Recorded  if  the  owners  See  fit  but 
no  claim  which  is  being  worked  Shall  be  obliged  to  be  recorded 

4th  When  any  miner  has  a  Lead  Claim  which  it  is  impos- 
sible to  work  to  advantage  this  Season  either  for  want  of  water 
or  Machinery  he  may  hold  the  Same  until  the  first  of  June  next, 
by  filing  a  Statement  of  the  reasons  with  the  Recorder 

5th  All  water  claims  not  used  Shall  be  Recorded  within 
ten  days  from  the  claim  date  or  they  Shall  be  considered  for- 
feited 

6th  All  Bills  of  Sale  or  Conveyances  of  Claims  Shall  be 
witnessed  by  at  least  two  disinterested  witnesses  and  Recorded 

Tth  The  books  of  the  Recorder  Shall  be  always  open  to 
the  inspection  of  the  Public  and  Shall  never  be  taken  from  the 
Recorders  hands  but  any  person  Shall  be  entitled  to  copy  any 
record  at  any  reasonable  time 

8th  All  laws  relating  to  trials  of  disputed  Claims  are 
hereby  repealed 

9th  When  any  person  is  agrievcd  in  regard  to  a  claim  he 
shall  file  with  any  Commissioned  Justice  of  the  Peace  or  in  his 
absence  the  President  of  the  Miners  Association  a  Statement  of 
his  grounds  of  Complaint  which  shall  also  have  the  names  of 
the  parties  complained  of  and  a  prayer  that  they  be  Summoned 
to  appear  and  answer.  Thereupon  the  Justice  (or  President) 
Shall  issue  a  Summons  to  the  adverse  party  to  appear  and  an- 
swer within  three  days.     If  he  fail  to  do  so  the  Complaint  shall 


14  GILPIN  COUNTY  RECORDS 

be  taken  as  tnie  and  Execution  issued.  If  he  appear  and  an- 
swer the  Justice  (or  President)  Shall  Summon  a  venire  of  nine 
persons  from  which  each  party  shall  Strike  off  one  until  there 
remains  three  who  shall  proceed  to  hear  the  Evidence  of  the  par- 
ties with  or  without  counsel  and  try  the  Case  Any  juror  may 
be  challenged  for  cause  Shown  Either  by  his  own  Evidence  or 
the  Evidence  of  others 

Should  the  party  loosing  feel  agrieved  by  the  dicision  he 
may  appeal  to  a  jury  of  Twelve  men  by  paying  cost  already  ac- 
crued. Which  jury  Shall  be  selected  by  the  Justice  (or  Presi- 
dent) and  their  decision  Shall  be  final 

10th  The  Sheriff  Shall  have  power  to  Serve  ISTotices  and 
Executions  and  he  shall  have  power  to  Summon  parties  put 
parties  in  possession  of  property  decided  to  be  by  law ;  Summon 
juries  and  do  such  Service  as  a  Sheriff  in  any  other  place  may 
do,  and  Shall  be  entitled  to  receive  double  the  legal  Fees  pro- 
vided by  the  Statutes  of  Kansas 

11th  The  fees  of  the  Eecorder  Shall  be  one  Dollar  for 
Each  Claim  Recorded 

12th  The  Justice  (or  President)  Shall  be  entitled  to  five 
Dollars  for  presiding  at  Each  trial  and  making  out  the  papers 

13th  The  Jury  Shall  be  Entitled  to  one  Dollar  Each  per 
day 

14th  The  defeated  party  in  Each  Suit  Shall  be  liable  for 
all  Costs  of  the  Suit  and  the  Justice  (or  President)  Shall  issue 
Execution  for  the  Same  which  Shall  be  Collected  from  any 
property  the  party  So  liable  may  have  (Excepting  tools  bed- 
dings clothing  and  necessary  provisions  for  three  Months. 

15th  In  any  case,  either  party  may  call  upon  the  other 
party  to  give  Security  for  Costs  or  the  Suit  Shall  be  dismissed 
if  Plaintiff  or  defeated  if  Defendent 

16th  Any  person  may  take  up  by  Eecording  forty  feet 
front  and  one  hundred  deep  for  a  building  Lot  but  Shall  not 
Secure  the  Same  against  being  used  for  mining  if  found  rich 
Should  any  person  work  out  the  Ground  on  which  a  house 
Stands  he  Shall  secure  the  house  against  damage 


GREGORY  DISTRICT  15 

ITtli  Any  person  or  company  intending  to  Erect  a  Quartz 
Mill  may  Select  a  location  Two  hundred  and  fifty  feet  Square 
which  shall  be  recorded.  He  may  also  Claim  the  right  to  cut  a 
rac€  from  any  river  to  bring  wat^r  to  the  Same  and  shall  hold 
the  water  not  interfering  with  any  vested  rights 

IStli  The  Preemption  Laws  Established  by  the  citizens 
of  this  County  Shall  be  recognised  in  the  mines  but  shall  not 
Conflict  with  miners  rights 

19th  Gulch  claims  Shall  be  one  hundred  feet  up  and 
down  and  fifty  feet  wide  following  the  meandering  of  the 
Stream  and  shall  be  worked  within  ten  days  if  water  can  be  ob- 
tained, if  water  is  wanting,  he  may  record  the  Same  and  hold 
it  until  water  can  be  obtained  Any  time  after  the  first  of  Sep- 
tember any  miner  may  record  his  Gulch  Claim  and  hold  it  till 
the  first  of  June 

20th  When  any  miner  holds  both  a  Gulch  and  Lead 
Claim  if  one  be  worked  the  other  may  be  held  without  working 
by  recording;  the  Same 

21th  When  water  Companies  are  engaged  in  bringing 
water  into  any  portion  of  the  mines  they  Shall  have  the  right  of 
way  Secured  to  them  and  may  pass  over  any  claim  road  or  other 
Ditch,  but  shall  so  guard  themselves  in  passing  as  not  to  injure 
the  party  over  whose  ground  they  pass 

22 St  When  any  company  is  formed  for  the  purpose  of 
Tunneling  for  discovery  the  parties  engaged  may  Stake  off  re- 
cord and  place  Notices  on  ground  two  hundred  and  fifty  feet 
Each  way  from  the  Tunnel  and  running  as  the  Tunnel  is  in- 
tended to  run.  After  that  all  new  leads  discovered  in  Tunnel- 
ing belong  to  the  Company  to  that  Extent.  Claims  already 
taken  are  to  be  respected,  but  New  Claims  Cannot  be  taken 
within  the  limits  Staked  off  if  work  be  progressing  on  the  Tun- 
nel. If  work  on  the  Tunnel  be  Stoped  for  one  week  at  any  time 
the  original  Claim  shall  be  forfeited  and  Shall  be  again  open 
to  Claiments 

Passed  at  the  Miners'  Meeting  July  16th  1859 
Attest 

C.  A.  Roberts,  Recorder  R.  Sopris  President 


16  GILPIN  COUNTY  RECORDS 

munTees'  meeting  at  geegory  diggings.! 

Pursuant  to  previous  notice  a  mass  meeting  of  the  miners 
of  Mountain  City,  Gregory  diggings  and  vicinity,  was  held  in 
front  of  Kehler  &  Patten's  store,  on  Saturday  evening,  Oct. 
29th,  A.  D.  1859,  to  consult  and  advise  relative  to  the  course  to 
be  prescribed  by  the  miners  of  the  mountains  in  relation  to  the 
efforts  being  made  by  the  citizens  of  Denver  and  Auraria  to  re- 
duce the  price  of  gold  dust  from  the  rates  for  which  it  has  hith- 
erto been  received. 

The  meeting  was  called  to  order  by  Dr.  C.  E.  Bissell,  and 
the  call  for  said  meeting  was  read. 

Upon  motion  T.  T.  Prosser  was  elected  President  and  Win- 
ton  Smith,  Secretary. 

A  motion  was  then  made  that  a  Committee  of  Three  be 
appointed  to  draft  resolutions  expressive  of  the  sense  of  this 
meeting  relative  to  the  efforts  of  certain  persons  in  Denver  and 
Auraria  to  reduce  the  price  of  gold  dust,  from  its  value  as  here- 
tofore established,  whereupon  Geo.  W.  Brizee,  Col.  Sam'l 
McLean,  and  C.  R.  Bissell  were  chosen  to  act  upon  said  Com- 
mittee. 

The  meeting  was  then  addressed  by  Messrs.  Flanegan, 
Prosser,  Patten,  Rariden  and  Dr.  Stone ;  after  which  the  Chair- 
man of  the  Committee  on  Resolutions  announced  that  said  Com- 
mittee were  ready  to  make  their  report,  and  introduced  the 
following  to  wit : — 

*'We,  the  people  of  the  mining  district,  having  been  in- 
formed that  an  effort  has  been  made  by  the  citizens  of  Denver 
and  Auraria,  to  reduce  the  price  of  Gold  dust  from  the  rates  for 
which  it  has  formerly  been  received,  and  as  we  believe  from  the 
schedules  which  we  are  well  aware  have  been  received  from  the 
United  States  Mint,  it  is  of  much  greater  value  than  the  price 
for  which  they  propose  to  receive  it.     Therefore : — 

1. — "Resolved,  That  the  action  of  the  Merchants  and  Trad- 
ers of  Denver  and  Auraria  Cities  regarding  the  late  reduction 

'  Rocky  Mountain  News,  November  10,  1859,  p.  4. 


GREGORY  DISTRICT  17 

on  the  rates  of  gold  dust  meets  Avitli  our  most  hearty  disapproba- 
tion and  disapproval. 

2. — "Resolved,  That  we  will  let  no  means  fail  of  express- 
ing our  disapprobation  of  this  measure,  hoih  hy  will  and  by  act, 
and  we  hereby  cordially  agree,  as  miners,  to  support  each  other 
in  this  resolution. 

3. — "Resolved,  That  we  duly  appreciate  the  action  of  our 
Mountain  Traders  in  the  aid  and  comfort  they  have  extended 
to  us  in  receiving  our  gold  dust  at  the  usual  prices  while  they 
themselves  are  suffering  from  the  changes  lately  affected. 

4. — "Resolved,  That  in  our  efforts  to  render  null  and  void 
the  self  constituted  action  of  the  Merchants  and  Traders  of  Den- 
ver and  Auraria,  relating  to  the  value  of  gold  dust,  we  will  in 
no  case  lose  sight  of  our  own  Mountain  Traders  who  have,  and 
still  are,  standing  by  us  arm  to  arm  and  shoulder  to  shoulder  in 
all  our  endeavors  to  put  down  an  effort  not  only  mean  and  un- 
just but  derogatory  to  the  dearest  interests  of  every  working 
man  in  the  Rocky  Mountains. 

5. — "Resolved,  That  we  believe,  and  are  well  assured  in 
our  belief,  that  certain  speculators  in  Denver  and  Auraria,  have 
sent  some  of  the  poorest  specimens  of  retorted  gold  mixed  with 
quartz  to  the  mint  to  be  coined,  which  they  could  by  any  possi- 
bility obtain  for  the  purpose  of  swindling  mountain  men  and 
miners,  and  that  we  will  use  our  every  effort  to  direct  trade 
from  the  points  before  named  to  such  as  will  receive  our  gold  at 
its  intrinsic  value,  and  where  goods  can  be  purchased  at  the 
lowest  rates." 

The  foregoing  resolutions,  after  being  read,  were  adopted 
by  the  meeting  without  a  dissenting  voice,  after  the  meeting 
was  addressed  by  Mr.  ]\rclntire  and  Mr.  Clark. 

Col.  McLean  then  addressed  the  meeting  who  stated  that 
he  had  Vx-en  a  miner  in  California  ;  that  the  gold  dust  there  was 
of  inferior  quality  to  that  obtained  here,  for  which  over  nine- 
teen dollars  per  ounce  was  realized  at  the  mint,  upon  an  average. 

Geo.  W.  Brizee  then  addressed  the  meeting;  he  stated,  dur- 
ing the  course  of  his  remarks,  that  the  valleys  were  dependent 

2 


18  GILPIN  COUNTY  RECORDS 

upon  the  mountains  but  the  mountains  were  not  dependent  upon 
Denver  and  Auraria.  If  we  can  purchase  our  goods  at  the  same 
prices  in  Golden  City,  and  they  will  receive  our  gold  at  the 
usual  rates,  we  had  better  patronize  them,  or  if  we  should  send 
a  train  of  thirty  or  forty  wagons  to  the  States  through  Denver 
and  Auraria,  to  supply  our  wants,  they  may  be  soon  convinced 
as  to  whether  the  mountains  were  dependant  upon  the  valleys. 

The  Chairman,  T.  T.  Prosser,  then  addressed  the  meeting ; 
he  stated  among  other  good  things,  that  the  evidences  given  us 
by  nature  were  conclusive  that  there  is  no  more  difficulty  in 
wintering  in  the  mountains  than  on  the  plains,  so  far  as  the  in- 
clemency of  the  weather  is  concerned,  for  we  find  the  bulb  cac- 
tus growing  here  in  abundance  in  connection  with  other  tender 
plants  never  found  in  the  regions  of  the  north.  These  facts 
in  connection  with  others  have  induced  us  to  make  an  attempt 
to  winter  in  these  mountains,  notwithstanding  the  fabulous 
stories  of  Denver  and  Auraria,  and  the  time  is  not  far  distant 
when  it  will  be  evident,  not  only  to  the  capitalist,  but  to  the  bus- 
iness man,  that  the  source  of  wealth  is  the  mountains,  and  all 
efforts  made  to  depreciate  their  true  value  is  against  the  miner's 
interest  directly,  and  indirectly  against  all  connected  therewith. 
Therefore,  it  becomes  all  that  are  interested  in  these  mines  to 
guard  with  a  jealous  care  our  mountain  interests. 

Mr.  Rariden  was  then  called  upon  who  stated  that  he  had 
no  further  remarks  to  make  relative  to  the  objects  of  the  meet- 
ing, but  announced  several  meetings  to  be  held  in  various  dis- 
tricts, and  among  others  that  a  meeting  would  be  held  in  Rus- 
sell's district  where  various  certificates  will  be  exhibited,  show- 
ing the  true  value  of  the  gold  taken  from  the  leads  and  gulches 
in  said  district,  after  which  the  meeting,  upon  motion,  was 
adjourned  until  Saturday  evening  next. 

Winton  Smith,  Secretary.  T.  T.  Prosser,  President. 

LAWS  OF  FEBRUARY  18  AND  20,  1860.^ 
At  a  meeting  of  the  Citizens  of  Gregory  District  held  in 
^  Record  A  2d. 


GREGORY  DISTRICT  19 

Mountain  City,  On  the  lltli  day  of  Febrnay  A  D  1860  at  7  oc 
P.  M  a  Conunittee  consisting  of  Geo  W  Brizee  William  II  Bates 
and  B  F  Chase  ware  appointed  to  Codify  and  amend  the  Laws 
of  Said  District,  and  to  repoart  the  Said  Laws  So  Codified  and 
amended  to  a  meeting  to  be  held  at  the  Same  hour  and  place  On 
the  18th  inst. 

In  accordence  with  the  duties  imposed  upon  them  the  com- 
mittee report  the  following  acts  regulating  the  rights  of  Persons 
and  of  property  and  the  manner  in  which  those  rights  may  be 
pursued. 

Ax  Act  to  Provide  for  and  Define  the  Future  Boundaries 
OF  Gregory  District 

Sec  1st  Be  it  enacted  by  the  citizens  of  Gregory  District 
in  Convention  assembled,  That  it  Shall  be  the  duty  of  the  E^ 
corder  of  this  District,  On  Or  before  the  22nd  inst  to  make  and 
caus  to  be  posted  three  notices  in  each  of  the  Districts  adjoining 
this  district,  wherein  the  Citizens  thareof  Shall  be  invited  to 
Send,  three  delegates  each  to  attend  a  meeting  to  be  held  at  the 
City  Hall  in  Mountain  City  in  Gregory  District,  On  the  1st 
day  of  March  next  following  at  2  o.clk  P.  M.  That  the  bound- 
aries of  this  and  adjoining  Districts  may  be  permanantly  and 
definately  definde  with  acracy  and  Certainty 

Sec  2n  Be  it  further  enacted,  that  after  the  Said  bound- 
aries of  this  District  Shall  be  permanently  defind  and  fixed  or 
provided  for  in  Sec  One  no  change  Shall  thareafter  be  made  in 
its  boundaries  without  the  consent  of  the  Citizens  of  this  Dis- 
trict. 

Sec  3rd  Be  it  further  enacted,  That  if  any  person  shall 
wish  to  change  the  boundaries  of  this  District,  Or  erect  another 
within  the  Same,  or  annex  any  Territory  before  that  time  not 
belonging  thareto,  A  public  meeting  of  the  Citizens  of  this  Dis- 
trict Shall  be  called,  and  Ten  days  notice  given  of  the  Same  by 
posting  12  Notices  of  Said  meeting  in  as  many  conspicuous 
places.  If  the  petition  for  a  new  District,  Or  change  of 
boundary  applide  for  be  granted  it  Shall  not  take  effect  for  10 
days  thereafter.  Approved  Febry  18th  A  D  1860 


20  GILPIN  COUNTY  RECORDS 

An  Act  Defining  Claims  and  Regulating  the 
Title  Thereto. 

See.  1.  Be  it  enacted  by  the  Citizens  of  Gregory  District 
in  Convention  assembled,  That  all  mining  loeds  of  Gold  or  any 
other  precious  or  useful  metal,  and  all  mining  and  other  claims 
Shall  be  held  under  and  defind  by  the  prvissions  of  this  act. 

Sec  2d  Be  it  further  enacted,  That  the  term  Claime  as 
used  in  this  District,  Shall  be  construde  to  mean  whenever  ap- 
plide  to  a  Load,  One  Hundred  feet  running  the  length  of  the 
Same  and  fifty  in  width.  When  applide  to  a  Gulch.  One 
Hundred  feet  following  its  meanderings,  and  extending  from 
Bank  to  Bank.  When  applide  to  Patch  ot  placer  diggings  One 
Hundred  feet  Squair.  Wlien  applide  to  Tunnelling  Claims  the 
entire  distance  intended  to  run  Same  for  discovery  purposes. 
As  shown  by  record  and  the  Stake  at  the  mouth  of  the  Tunnell. 

When  aplied  to  a  Quarts  Mill  claim  the  distance  of  Two 
Hundred  and  fifty  feet  Squair.  When  applide  to  a  Ditch  claim 
the  entire  distance  staked  out  which  they  intend  to  run  tho 
Same,  as  shown  by  the  surs^ey  and  Stakes.  ^\^ien  applide  to  a 
water  claim,  the  exclusive  right  to  use  water  for  mining  puposes 
upon  any  ditch  or  Stream  not  exceeding  in  distance  two  Hun- 
dred and  fifty  feet.  Wlien  to  a  Farming  Or  ranch  claim.  One 
Hundred  &  Sixty  acers.  When  applide  to  a  building  claim 
fourty  feet  front  and  One  Hundred  feet  deep 

Sec  3rd  Be  it  further  Enacted,  That  no  person  Shall  hold 
more  than  One  leod.  Gulch  patch  or  placer  claim  in  this  district, 
Except  by  purchase  or  discovery. 

Sec  4th  Be  it  further  Enacted,  That  no  person  Shall  hold 
more  than  one  Water,  building,  Farming  cr  Banch  Claim  ex- 
cept by  purchase. 

Sec  5th  Be  it  further  Enacted,  That  each  discovery  claim 
shall  be  marked  as  such,  and  all  purchased  claims  shall  be  re- 
corded, and  in  either  case  they  Shall  be  Safely  held  whether 
worked  or  not. 

Sec  6th  Be  it  further  Enacted,  That  any  claim  or  claims 
not  held  either  by  purchase  or  discovery  if  abandoned  for  ten 


GREGORY  DISTRICT  21 

oojisecutive  days,  after  being  staked  off.  Shall  be  forfeited  to 
any  person  or  persons  who  may  take  up  the  Same  and  work 
them,  and  not  abandon  them  as  aforesaid. 

Sec  7  Be  it  further  Enacted,  That  no  claim  Shall  be  re- 
garded as  good  and  Valed,  unless  Staked  off  with  the  owners 
name,  giving  the  driection  length,  width,  and  date  when  the 
same  was  made.  And  when  held  by  a  company  the  name  of  each 
member  shall  conspiceously  appear. 

Sec  8  Be  it  further  Enacted,  That  when  members  of  a 
company  consisting  of  two  or  more,  Shall  work  one  claim  of  the 
company,  the  rest  shall  be  considered  as  worked,  by  putting  a 
notice  of  the  Same  thareon. 

Sec  9  Be  it  further  Enacted,  That  all  mining  claims 
which  have  been  or  may  be  taken  up  before  the  1st  day  of  June 
next,  need  not  be  worked  untill  that  date,  provided  however, 
tliat  the  person  who  So  has,  or  Shall  take  up  a  claim  as  afore- 
said, Shall  file  with  the  Recorder  for  record  a  Statement  thareof 
wharein  he  shall  discribe  the  claim,  and  aver  that  it  cannot  be 
worked  profatably  for  the  want  of  either  water  or  the  proper 
macheanery,  untill  the  first  day  of  June  next  at  which  time  he 
believes  the  said  water  or  macheanery  can  be  procurred. 

Sec  10th  Be  it  further  Enacted,  That  in  all  cases  wharin 
parties  shall  have  complide  with  the  Law  as  far  as  possable 
prioriety  of  claims  when  honestly  carried  out  Shall  be  re- 
spected.— 

Sec  11th  Be  it  further  Enacted,  That  all  Contracts  of 
partnership  or  agreements,  whereby  an  interest  in  a  claim  or 
lands  is  conveyed,  and  all  contracts  reletive  thareto,  hereafter 
made  Shall  be  in  writing,  and  give  the  names  and  intrests  of 
each  of  the  parties,  and  when  a  partnership,  the  firm  name  also, 
and  the  Same  shall  be  recorded  Ixifore  the  1st  day  of  April 
next.  Or  the  Said  Contracts  Shall  not  be  regarded  as  binding 
U[H)n  or  effecting  any  but  the  original  parties  in  any  transaction 
whatever. 

Sec  12th  Be  it  further  enacted.  That  all  deeds,  lionds, 
contracts,  bills  of  Sale,  or  instruments  of  any  kinde  relitivo  to 


22  GILPIN  COUNTY  RECORDS 

the  convvance  of  claims  and  lands  Shall  be  witnessed  by  at  least 
two  disinterested  witnesses  and  recorded. 

Sec  13th  Be  it  further  Enacted,  That  when  any  miner 
Shall  hold  both  a  Gulch  and  loed  claim,  if  one  be  worked,  the 
other  may  be  held  without  working,  by  recording  the  Same. — ■ 

Sec  14th  Be  it  further  Enacted,  That  any  person  o\vning 
a  Quartz  Mill  claim  upon  which  he  has  a  Mill  or  is  prepairing 
to  place  one,  may  claim  the  right  to  cut  a  race  or  ditch  from 
any  Stream  to  bring  water  to  Said  Mill  not  interfering  with 
Vested  rights. — 

Sec  15th  Be  it  further  Enacted,  That  all  claims  held  by 
Virtue  of  Laws  heretofore  in  force  Shall  be  regarded  as  Vested 
property,  and  no  person  Shall  be  disturbed  in  the  possession 
thareof. 

Sec  16tli  Be  it  further  Enacted,  That  when  water  is 
claimed  for  Gulch  and  quartz  Mining  purposes  On  the  Same 
Stream  neither  shall  have  the  right  to  more  than  one-half  unless 
there  shall  be  insufficient  for  both,  when  prioriety  of  claim  shall 
determine. 

Sec  17th  Be  it  further  Enacted,  Th?.t  if  two  or  more  par- 
ties wish  to  use  water  on  the  same  stream  or  ravine  for  Quartz 
Mining  purposes,  No  person  shall  be  entitled  to  use  more  than 
his  proportinate  share  of  water,  but  in  case  there  shall  not  be 
water  Sufficient  for  all,  priority  of  Claim  Shall  determine  the 
right  to  such  water. 

Sec  18th  Be  it  further  Enacted,  That  when  water  compa- 
nies are  engaged  in  bringing  water  into  any  portion  of  the  mines, 
they  Shall  have  the  right  [of]  way  secured  to  them  and  may 
pass  over  any  claim,  road  or  ditch,  Provided  water  Shall  be 
garded  as  not  to  interfeer  with  any  vested  rights. — 

Sec  19  Be  it  further  Enacted,  That  all  other  questions 
not  settled  by  the  provissions  of  this  act,  arising  out  of  the  rights 
of  Riparian  proprietors  Shall  be  desided  by  or  in  accordance 
with  the  provisions  of  the  Common  Law 

Sec  20  Be  it  further  enacted,  That  claims  of  every  kinde 
except  Discovery  mining  claims  must  be  recorded,  unless  the 
Same  are  continiously  worked  and  used  according  to  Law. — 


GREGORY  DISTRICT  23 

Sec  21  Be  it  further  Enacted,  That  the  rules  &  regula- 
tions observed  in  mining  regions  within  the  United  States,  reg- 
ulating the  digging  for  gold  under  building  lotts,  upon  Ranch, 
farming  and  other  claims  shall  be  observed  in  this  District 

Sec  22  Be  it  further  Enacted,  That  if  any  person  Shall 
locate  a  Tunnell  in  this  District  for  the  purpus  of  discovery, 
he  shall  first  file  a  specification  of  the  Same  with  the  Recorder, 
whose  duty  it  shall  be  to  record  the  Same  upon  payment  of  his 
fees.  The  Said  Specification  Shall  State  the  place  of  com- 
mencement and  the  terminus  of  said  Tunnell,  togeather  with  the 
names  of  the  persons  interested  therein.  A  Four  Squair  Stake 
Shall  be  plased  at  its  mouth,  having  written  thareon  the  same 
things  hereby  made  necessary  to  record. — 

Sec  23  Be  it  further  Enacted,  That  any  person  or  per- 
sons engaged  in  working  a  tunnell,  provided  he  or  they  shall 
comply  with  the  requirements  of  the  law,  shall  be  entitled  to 
two  Hundred  and  fifty  feet,  on  each  side  of  all  leads  discov- 
ered in  consequence  of  the  Same,  and  such  parts  of  the  lods  as 
they  are  entitled  to  in  consequence  of  such  discovery,  shall  be 
held  as  discovery  claims.  Provided  however  they  do  not  inter- 
fair  with  Vested  rights,  and  if  it  shall  appear  that  loeds  are 
staked  off  on  the  line  of  said  tunnell  so  that  the  required  num- 
ber of  feet,  cannot  be  taken  nere  to  them,  they  may  be  taken 
upon  any  part  thereof,  whenever  the  same  may  be  found  vacant. 

Sec  24  Be  it  further  Enacted,  That  if  the  person  or  per- 
sons locating  a  tunnell  shall  fail  to  work  the  same  for  Twenty 
days  after  the  first  of  July  next,  they  shall  forfit  their  claim 
to  Said  Tunnell,  but  not  to  the  claims  they  have  discovered,  and 
held  by  Virtue  of  discovery  before  the  time  of  forfeiture. — 

Sec  25  Be  it  further  Enacted,  That  the  person  or  persons 
working  a  tunnell  Shall  after  the  same  is  legally  located  have 
the  priority  of  right  to  all  leads  discovered  in  the  line  of  the 
tunnell  from  the  recorded  line  of  its  mouth  to  its  terminous. 
And  Shall  have  the  right  of  way,  through  all  loeds  which  may 
be  in  the  course  said  tunnell  is  recorded  Staked  out  or  worked. 

Approved  18th  Feb  1860 


24  GILPIN  COUNTY  RECORDS 

An  Act  Establishing  a  Miners'  Court  and  Regulating 
Its  Jurisdiction. 

Sec  1  Be  it  Enacted,  By  the  Citizens  of  Gregory  District 
in  Convention  assembled.  That  a  regular  term  of  Court  to  be 
known  as  the  Miners  Court  shall  be  held  in  this  District  in 
Some  convenient  and  proper  place,  upon  Monday  of  each  Week 
All  writs  to  be  made  returnable  at  Said  tenn,  Shall  be  Served 
before  the  Fryday  next  proceeding,  if  not  So  Served  they  shall 
be  made  returnable  at  the  Second  term  after  Semdce.  Nothing 
herein  contained  shall  be  so  construde  as  to  prevent  the  trial  of 
criminals  at  any  time. 

Sec  2  Be  it  further  Enacted,  That  the  Officers  of  said 
Court  shall  consist  of  a  Judge  a  Clerk,  the  Sherriff  of  Arapaho 
County  and  his  Deputies,  And  the  Attorneys  of  said  Court  regu- 
larly  admitted,  as  such. 

Sec  3rd  Be  it  further,  enacted,  That  it  Shall  be  the  duty 
of  Said  Court  to  Sign  all  writs  issuing  out  of  Said  Court,  Either 
by  himself  or  his  Clerk.  To  make  all  Transcripts  of  Judge- 
ment required  On  payment  of  his  fees.  To  enter  Judgements 
and  issue  Executions,  and  pay  over  to  the  proper  persons  moneys 
collected  on  such  Judgement  and  Executions.  To  try  all  Crim- 
inals and  pay  over  to  the  Treasurer  all  monys  he  may  receive 
as  fines  for  the  District,  And  to  perform  such  other  duties  as 
properally  appertain  to  his  said  office 

Sec  4  Be  it  further  Enacted,  That  if  the  Judge  of  Said 
Court,  Shall  not  be  able  to  attend  any  trial  Or  shall  be  disqualli- 
fied  from  any  cans  to  try  any  suit.  Or  if  thare  shall  be  more 
business  than  the  court  can  attend  to.  Or  if  any  person  Shall 
make  his  affidavit  in  writing,  that  he  does  not  believe  that  he 
can  have  a  fair  and  impartial  trial  before  the  Said  Judge  of 
Said  Court,  Or  if  the  said  Court  shall  be  interested  in  the  event 
of  any  suit.  Either  as  Plaintiif  or  Defendnt,  Or  with  either  of 
them  in  any  manner  the  President  of  the  District  shall  preside 
in  the  Miners  Court  at  Such  trial. 

Sec  5  Be  it  also  Enacted,  That  the  Miners  Court  shall 
have  Equity  as  well  as  Law  Jurisdiction,  and  may  grant  writs 
of  injunction  On  Motion  upon  proper  cans  Shown  to  be  sup- 


GREGORY  DISTRICT  25 

ported  bv  affidavits  alone,  and  do  all  such  Other  acts  as  a  Conrt 
of  Equity  has  power  to  do. 

Sec  6  Be  it  further  Enacted,  That  the  Miners  Court 
shall  have  power  to  fine  for  contempt  in  a  sum  not  exceeding 
$50  and  may  issue  Execution  thareon  the  same  as  other  Judge- 
ments. 

Sec  7  Be  it  further  Enacted,  That  the  Said  Court  shall 
have  power  to  appoint  its  own  clerk  whenever  it  shall  be  deemed 
nessary,  And  the  said  Clk  shall  have  such  powers  as  a  Clk  [of] 
record  has  under  the  Laws  of  Kansas,  relating  to  matters  that 
may  cum  before  Said  Court  in  consequence  of  some  prossess 
issud  tharefrom 

Sec  8  Be  it  further  enacted.  That  the  Jury  for  each  term 
of  Court  shall  be  drawn  upon  the  Thursday  next  preceeding 
each  term  in  the  following  manner.  The  Sherriff  Or  his  deputy 
shall  place  the  names  of  100  Good  and  Suitable  men  in  a  Box 
prepared  for  the  purpos,  and  the  Judge  of  the  Court,  Or  the 
Clk  thareof  shall  draw  tharefrom  the  names  of  Eighteen  Men 
who  shall  be  Summoned  to  act  as  jourors  for  the  next  succeed- 
ing term  of  Court.  When  nessary  the  Sherriff  may  summons 
talismen,  but  no  person  shall  serve  as  jouror  for  two  succeeding 
terms  of  Court.  Approved  18th  Febry  A  D  1860 

An  Act  Relative  to  the  Officers  of  Gregory  District, 
Their  Duties,  Term  of  O'ffice  and  Fees. 

Sec  1st  Be  it  Enacted  by  the  Citizens  of  Gregory  District 
in  Convention  assembled,  That  there  shall  be  Elected  in  this 
District,  upon  the  first  Monday  of  June  in  each  year  the  fol- 
lowing Officers,  who  shall  each  hold  there  respective  offices,  for 
the  term  of  One  year,  unless  they  shall,  die  resign  or  remove 
from  the  District  or  be  removed  from  there  offices  for  miscon- 
duct by  the  Citizens  of  this  district  (Viz)  a  President  a  Judge 
of  Miners  Court,  and  a  Recorder  who  shall  be  ex  officio  Secra- 
tary  and  Treasurer  of  this  District. 

Sec  2  Be  it  further  Enacted,  That  it  shall  be  the  duty  of 
the  President  of  the  District,  to  preside  at  all  public  meeting 
of  the  Citizens  of  the  District,  when  called  for  purposes  relat- 


26  GILPIN  COUNTY  RECORDS 

ing  to  public  business,  and  to  preside  at, the  trial  of  cases  in  the 
Miners  Court,  when  required  by  law. 

Sec  3  Be  it  further  Enacted,  That  it  shall  b©  the  duty  of 
the  Judge  of  Miners  Court,  to  preside  at  the  trial  of  cases,  and 
at  public  meetings,  in  the  absence  of  the  President,  and  perform 
such  other  duties  as  the  law  requires. — 

Sec  4  Be  it  further  Enacted,  That  it  Shall  be  the  duty  of 
the  Recorder  Safely  to  keep  the  Books  and  records  of  this  Dis- 
trict. And  to  record  all  proper  papers  upon  payment  of  his 
fees.  To  act  as  Secretary  of  the  District  at  public  meetings  of 
the  Same.  And  to  keep  all  moneys  paid  into  his  hands  by  the 
Judge  of  Miners  Court  to  be  paid  out  as  directed  by  the  Citi- 
zens at  Some  public  meeting  legally  called, — 

Sec  5  Be  it  further  Enacted,  That  the  Sherriff  of  Arap- 
aho  County  shall  be  Exofficio  Sherriff  of  this  District  and  shall 
have  the  same  powers  he  has  by  virtue  of  his  office  under  the 
Laws  of  Kansas. — 

Sec  6  Be  it  further  Enacted,  That  the  fees  of  the  Be- 
corder  shall  be  One  Dollar  for  each  Claim,  Or  instriment  in 
writing  recorded,  and  Such  Other  fees  for  District  business  as 
the  Citizens  shall  allow.  The  Sherriff  may  charge  double  the 
fees  allowed  by  the  laws  of  Kansas.  And  the  Judge  of  the 
Miners  Court  five  Dollars  for  presiding  at  each  trial  and  double 
the  fees  allowed  by  the  Laws  of  Kansas  for  making  out  all 
propper  papers. — 

Sec  7  Be  it  further  Enacted,  That  every  person  Shall  be 
a  Voter  who  owns  a  claim  in  this  district  and  has  it  Recorded 

Sec  8  Be  it  further  enacted,  That  the  ofiicers  of  this  Dis- 
trict shall  continue  to  hold  thare  said  offices  until  the  next  an- 
uel  Ellection,  Subject  to  the  provissions  heretofore  named 

Sec  9  Be  it  further  Enacted,  That  the  Justice  of  the 
Miners  Court  Shall  be  the  Judge  thereof. 

Approved  February  20  A  D  1860 

An  Act  in  Relation  to  the  Practice  in  Said 
Miners^  Cottbt. 

Sec  1     Be  it  enacted,  by  the  Citizens  of  Gregory  District 


GREGORY  DISTRICT  27 

in  Convention  assembled.  That  if  any  person  shall  wish  to  com- 
mence a  suit  or  action  in  the  Miners  Court  of  this  District,  he 
shall  file  with  the  Judge  or  Clerk  thareof  a  Statement  in  writ- 
ing Setting  forth  his  grounds  of  complaint,  which  shall  contain 
all  the  Allegatins  and  facts  necessary  to  constitute  the  caus  of 
action  in  plain  &  unequivacul  language.  Such  statement  if  in 
Equity  shall  be  in  the  nature  of  a  Petition,  and  if  in  Law  of  a 
complaint,  And  shall  be  known  and  called  by  the  names  of  Pe- 
tition Or  Complaint,  as  the  case  may  ba  Upon  the  filing  of 
either  a  Petition  or  Complaint,  as  aforesaid,  the  court  or  the 
elk  thareof  shall  issue  a  writ  of  sumons  to  be  served  upon  the 
Defendnt,  Or  Defendents  to  appear  and  answer  at  the  terms 
tharein  named  Or  Judgement  will  be  taken  aganst  him  or  them 
by  default.  If  the  releaf  demanded  be  for  a  sum  of  mony  the 
amount  shall  be  Stated  in  the  Summons,  if  for  a  Sum  of  mony 
&  other  relief,  the  summons  shall  state  in  Substance  that  if  the 
defendent  do  not  appear  and  answer  at  the  time  tharein  named. 
Judgement  will  be  taken  against  him  by  default  for  the  Sum  of 
mony  demanded,  and  such  other  relief  as  the  court  may  deem 
Meet.  If  the  remedy  applide  for  shall  not  be  for  mony,  the 
summons  shall  ask  Judgement  for  the  relief  demanded  in  the 
Complaint  if  at  Law,  or  the  Petition  if  in  Equity. 

Sec  2nd  Be  it  further  enacted.  That  the  Defendnt  may 
at  any  time  before  the  time  of  trial  at  Law  of  any  caus  enterd 
in  the  Miners  Court,  file  his  answer  or  demurr  upon  either  of 
which  the  Plaintiff  may  join  issue,  And  if  an  answer  be  filed 
containing  new  matter,  irrelevant  to  the  issue,  it  must  be  denied 
or  avoided  by  the  plaintiff  in  his  reply,  and  all  matters  not  de- 
nied or  avoided  by  one  pleading  subsequent  to  an  other,  shall 
be  taken  as  confessed  &  true. 

Sec  3rd  Be  it  further  enacted.  That  all  pleadings  subse- 
quent to  the  Petition  in  Equity  shall  be  the  same  as  used  in  the 
United  States  Courts  of  Equity.  And  the  term  of  three  days 
shall  be  granted  for  the  filing  of  each  pleading  subsequent  to 
another  untill  the  issue  is  made  up — 

Sec  4     Be  it  further  enacted,  That  all  pleas  in  Equity 


28  GILPIN  COUNTY  RECORDS 

shall  be  varified,  and  no  remedy  shall  be  allowed  in  Equity 
when  the  same  can  be  had  at  Law. 

Sec  5  Be  it  further  Enacted  That  in  all  cases  of  the  four- 
closure  of  a  Mortgage,  Or  lean  of  any  Kinde  upon  a  claim,  the 
equity  of  redemption  shall  not  extend  beyong  30  Days — 

Sec  6  Be  it  further  enacted,  That  in  all  cases  of  Judge- 
ment for  partition  of  claims  between  joint  owners,  three  disin- 
terested Commissioners  shall  be  appointed  by  the  Court  who 
shall  effect  such  Partition  between  such  parties — 

Sec  7th  Be  it  further  enacted,  That  the  rules  of  Evi- 
dence as  admitted  in  the  Courts  of  the  United  States  shall  be 
adherd  to  &  observed  in  the  Miners  Court.  With  the  exception 
that  either  party  may  file  his  affidavit  in  Court  at  any  time  be- 
fore the  commencement  of  a  trial,  wherein  he  may  depose  to 
any  facts  reletive  to  the  issue,  and  shall  thereafter  depose  in 
the  same  that  none  of  the  foregoing  facts  contained  in  such  affi- 
davit can  be  proved  by  any  witness  whose  testimoney  it  is  possa- 
ble  to  procure  either  by  deposition  or  the  usual  process  of  this 
court  to  compel  the  attendence  of  witnesses,  when  the  affidavit 
may  be  read  in  evidence,  The  adverse  party  may  have  the  right 
to  rebut  the  evidence  or  explain  the  facts.  So  set  forth  by  affi- 
davit. Or  depose  to  any  facts  that  may  legally  effect  the  Matters 
deposed  by  his  apponant,  which  affidavit  may  also  be  read  in 
evidence 

Sec  8th  Be  it  further  enacted.  That  Depositions  may  be 
[used]  in  this  Court  in  Evidence,  provided  the  witness  is  sick  & 
unable  to  attend  the  place  of  trial,  about  to  leave  the  Country, 
or  is  out  of  the  jurisdiction  of  this  Court.  If  the  deposision  is 
to  be  taken  within  the  County  of  Arapaho  notice  shall  be  given 
to  the  adverse  party  of  the  time  &  place  where  the  said  deposi- 
sion is  to  be  taken.  If  out  of  the  Country  no  notice  need  be 
given. 

Sec  9  Be  it  further  enacted  That  no  cans  shall  be  con- 
tinued unless  upon  affidavit  of  a  party,  or  his  Attorney,  of  the 
absence  of  a  material  witness,  whose  evidence  is  material  to 
the  issue  as  he  variely  belives  and  that  the  said  party  cannot 
safely  go  to  trial  w^ithout  the  evidence  of  sed  witness  which  he 


GREGORY  DISTRICT  29 

believes  he  can  procure  at  at  Some  future  term  which  he  shall 
State,  Or  for  Some  other  good  &  sufficient  cans. 

Sec  10  Be  it  further  enacted,  That  in  all  cases  of  Attach- 
ment and  Replevin  the  practice  recognized  by  the  Laws  of  Kan- 
sas shall  be  observed,  and  when  in  cases  of  Attachment  the  De- 
fendnt  has  left  the  County  or  keeps  himself  secreted  within  the 
same  so  that  proscess  cannot  be  served  upon  him,  publication  in 
Some  public  newspaper  printed  in  the  County  for  two  weeks 
shall  be  deemed  sufficient  notice.  The  order  of  publication  shall 
not  be  granted  by  the  Court,  iinless  a  Summons  has  been  re- 
turned by  a  proper  Officer,  which  return  shall  show  that  he  has 
made  dilegent  serch  and  inquirs'  and  cannot  learn  that  the  de- 
fendent  is  in  his  County,  or  that  he  cannot  find  the  defendent, 
and  that  he  believes  he  keeps  himself  secreted  to  avoid  the  serv- 
ice of  a  Summons,  togeather  with  any  other  evidence  tending 
to  make  either  of  said  facts  appear — 

Sec  11  Be  it  further  Enacted,  That  garnashee  proscess 
may  issue  as  a  part  of  the  orignal  writ,  to  be  servd  on  both  De- 
fendent &  Garnashee,  or  Seperately.  Or  it  may  issue  after  Exe- 
cution is  returnd  unsatisfied,  and  in  either  case  if  the  garna- 
shee shall  pay  the  demand  or  claim  over  to  the  Defendent  after 
legal  notice  he  shall  be  still  held  liable  to  the  Plaintiffs  for  the 
amount  of  his  Judgement  &  costs,  if  he  was  indebted  to  that 
amount  Avhen  service  was  made  upon  him.  And  if  in  a  Smaller 
Sum  the  amount  he  was  indebted  when  said  notice  was  served 
upon  him. 

Sec  12  Be  it  further  enacted,  That  all  special  proceed- 
ings in  the  Miners  Court  shall  be  conducted  according  to  the 
forms  prescribed  in  the  Statutes  of  Kansas  for  the  year  A  D 
1859,  as  far  as  consistant  with  the  Laws  and  local  affairs  of  this 
District,  and  all  motions  relating  to  such  proceedings  shall  be 
sustaind,  or  apposed  by  affidavits  alone 

Sec  13  Be  it  further  Enacted,  That  new  trial  of  all 
causes  which  have  been,  or  may  be  tried  shall  be  granted  upon 
the  same  terms  or  by  the  rules  of  the  Common  Law,  and  it  shall 
be  discretionary  with  the  Court  in  all  cases  to  grant  or  regect 
the  application 


30  GILPIN  COUNTY  EECORDS 

Sec  14  Be  it  further  enacted,  That  no  debt  or  demand  of 
any  nature  shall  be  collected  by  suit  in  this  Court  which  was 
not  originated  either  in  cuming'  to  this  mining  region  or  since 
the  arrival  of  such  debtor  within  the  proposed  limits  of  Jeffer- 
son Teritry. 

Sec  15th  Be  it  further  enacted,  That  in  all  cases  where 
the  liability  of  persons  in  actions  founded  upon  contract,  Tort, 
or  mixed  actions  is  not  pointed  out  and  definde  by  the  Laws  of 
this  District,  the  Conunon  Law  rules  shall  apply  as  to  such  Con- 
tracts or  Liability. 

An  Act  Relating  to  Trials  and  Its  Incidents. 

Sec  1  Be  it  Enacted  by  the  Citizens  of  Gregory  District 
in  Convention  assembled.  That  in  all  cases  wharein  a  civil  ac- 
tion is  hereafter  commenced  in  the  Miners  Court  the  Plaintiff 
shall  file  a  Bond  with  one  or  more  good  and  sufficient  suraties 
conditioned  to  pay  all  costs  which  may  be  taxed  against  him  in 
case  he  shall  fail  to  recover  judgement  in  said  suit — 

Sec  2  Be  it  further  enacted,  that  in  case  the  costs  cannot 
be  collected,  against  the  Defendent  in  any  cause,  wherein  the 
plaintiff  Shall  recover  Judgement,  the  Said  Plaintiff  shall  be 
held  responsible  for  the  costs  he  shall  make  in  said  suit. 

Sec  3  Be  it  further  enacted.  That  upon  the  return  day 
of  a  summons  if  either  party  shall  call  for  a  jury  he  shall  first 
advance  the  fees  at  a  rate  of  $1.50  for  each  juror  who  shall  try 
the  case,  and  in  case  he  Shall  prevail  in  the  Same  the  fees  so 
advanced  shall  be  taxed  against  the  adverse  party,  but  in  case 
no  jury  is  called,  the  Court  shall  try  the  Same. 

Sec  4  Be  it  further  enacted,  That  when  a  jury  is  called 
for,  the  court  or  elk  shall  call  limine  persons  from  the  jurors  sum- 
moned, and  each  party  shall  strike  off  three  untill  three  remain, 
who  shall  proceed  to  try  and  determine  said  cans 

Sec  5  Be  it  further  enacted.  That  if  any  person  shall 
enter  an  appeal  from  the  jury  of  three,  he  shall  give  notice 
thereof  upon  the  Same  day  that  the  first  Yirdict  was  rendered, 
either  by  giving  Said  notice  in  open  court,  or  having  the  same 
entered  upon  the  docket  of  the  Court,  and  shall  perfect  his  ap- 


GREGORY  DISTRICT  31 

peal  within  three  days  bv  paying  up  all  costs  before  that  time, 
&•  giving-  Security  for  future  costs,  and  advancing  the  jurors 
fees.  The  cans  shall  then  be  set  for  the  next  regular  term  for 
trial,  unless  sooner  agreed  upon  between  the  said  parties. 

Sec  6  Be  it  further .  enacted,  That  juroi's  shall  try 
causes  in  Equity  as  well  as  at  Law.  and  in  equity  may  render 
special  Verdicts,  upon  which  the  Court  may  enter  judgement 
and  issue  decree  or  order. 

Sec  7  Be  it  further  enacted.  That  all  trials  on  appeal 
from  the  jury  of  three,  Shall  be  decided  by  a  Jury  of  12  men, 
and  from  there  desision  ther  shall  be  no  appeal. 

Sec  8  Be  it  further  enacted.  That  a  juror  may  be  chal- 
lenged for  faver,  for  cans  shown  by  his  own  evidence  or  that  of 
others,  and  each  party  shall  have  the  right  to  three  preemptory 
challenges. 

Sec  9  Be  it  further  enacted,  That  the  defeted  party  shall 
be  in  all  cases  liable  for  the  costs  of  suit 

Sec  10  Be  it  further  enacted,  That  all  Executions  issued 
out  of  the  Miners  Court  shall  be  made  returnable  in  20  days 
from  the  date  thareof  and  the  Sherriff  Shall  note  on  each  Exe- 
cution the  day  he  receives  it,  and  shall  return  the  same  within 
said  20  days  whether  satisfied  or  not,  with  his  proper  Return 
thareon  endorsed. 

Sec  11  Be  it  further  enacted,  That  all  attorneys  who 
practice  in  this  Court,  shall  take  and  Subscribe  the  following 
oath  (to  wit)  You  do  Solemnly  swear  or  affirm  that  you  will 
Support  the  Constitutin  of  the  United  States,  and  the  Laws  of 
this  District  and  that  neither  for  gain  Malice,  fear  or  faver  will 
you  prejudice  the  cans  of  your  Cliant,  But  will  do  all  in  any 
caus  in  which  you  are  ingaged  to  advance  his  interest  honorably. 

Approved  E'eby  20th  A  D  1860 

An  Act  in  Ret^ation  to  Levy  and  Sale  Befoke  Execution. 
Sec  1  Be  it  enacted  by  the  Citizens  of  Gregory  District 
in  Convention  assembled,  That  thare  shall  be  exempted  from 
Levy  and  Sale  upon  Execution,  All  Tools  for  mining,  T^edding, 
Clothing,  Cooking  utensels  and  necessary  provissions  for  three 


32  GILPIN  COUNTY  RECORDS 

Months,  and- in  case  of  a  man  residing  with  his  family  here, 
A  Dwelling  House  &  Lot  not  Exceeding  in  value  $5.00  [five 
hundred] — and  such  Articles  of  household  furnature  as  are  nec- 
essary, with  a  Bible  famly  pictures  &  Eellics  &C 

Sec  2  Be  it  further  enacted,  That  the  property  taken  in 
Execution  shall  be  posted  in  three  public  places  within  said 
District,  for  Five  days  next  preceeding  the  sale  thareof,  and  the 
Sheriff  may  adjourn  the  said  Sale  at  any  time,  when  it  appears 
the  Property  cannot  be  Sold  for  want  of  bidders  except  at  a 
great  sacrafise 

Sec  3  Be  it  further  enacted.  That  mony  collected  on  exe- 
cution shall  be  paid  into  the  hands  of  the  Court  by  the  Sherriff 
to  Satisfy  the  Judgement  in  whole  or  part,  it  shall  be  the  duty 
of  the  Court  to  pay  the  amount  due  over  to  the  proper  party 
on  Demand 

Approved  Febuy  20th  A  D  1860 

An  Act  Concerning  Crimes  and  N'uisances  Within 
Gregory  District 

Sec  1  Be  it  enacted  by  the  Citizens  of  this  District  in 
Convention  assembled,  That  all  crimes  committed  in  this  Dis- 
trict shall  be  punished  as  a  Jury  of  12  Good  Men  shall  direct. 

Sec  2  Be  it  further,  Enacted,  That  any  person  who  shall 
cans  any  nuicence,  effecting  the  health  or  liable  to  effect  the 
health  of  the  Citizens  of  this  District,  May  be  sued  for  the  Same 
in  the  Miners  Court,  in  the  name  of  Gregory  District  as  the  De- 
fendent,  and  shall  be  liable  to  pay  damages  in  a  sum  not  to  ex- 
ceed $1.00.00  [one  hundred  dollars]  with  costs  of  Suit  for  the 
use  of  Said  District 

Sec  3  Be  it  further  enacted  That,  if  any  person  shall  ob- 
struct any  highway  or  make  any  pit  or  hole  &  leav  it  open  so  as 
to  endanger  life  or  limb,  upon  any  usually  traveled  Road  or 
trail.  Such  person  may  be  sued  as  aforesaid  for  committing  a 
nuisance.  And  be  liable  to  said  District  in  Damages  as  provided 
in  Sec  2 — with  costs. 

Sec  4  Be  it  further  enacted,  That  every  other  act  of  com- 
mission Or  Omission  which  may  effect  the  public  health  or  con- 


GREGORY   DISTRICT  33 

venience  shall  be  regarded  as  a  ISTuisense,  and  the  person  or  per- 
sons causing  the  Same  shall  be  liable  in  Damages  accordingly. 

Sec  5  Be  it  further  enacted.  That  after  any  conviction 
for  a  nuicense  in  the  ^Miners  Court,  if  said  nnicense  is  allowed 
to  remain,  Shall  be  again  liable  in  damages,  and  shall  also  be 
liable  for  each  24  honrs  the  same  shall  be  allowed  to  remain 
after  conviction  as  aforesaid 

See  6  Be  it  further  enacted,  That  execution  shall  issue  in 
all  cases  under  the  provisions  of  this  act  in  the  name  of  the  Dis- 
trict the  same  as  any  Other  Suit  at  Law 

Approved  this  Feby  20th  A  D  1860 

Ax  Act  Containing  Gener^vl  Provisions  for  the 
Government  of  Gregory  District 

Sec  1  Be  it  enacted  by  the  Citizens  of  Gregory  District 
in  Convention  assembled,  That  the  Judge  of  the  Miners  Court 
shall  pay  each  week  to  the  Treasurer  of  this  District,  all  monys 
he  may  collect  from  Judgements  in  favor  of  this  District,  Con- 
tempts of  Court,  and  fines  of  every  Kinde.  And  the  Treasurer 
shall  not  pay  the  same  out  to  any  person  unless  upon  Vote  of 
the  Miners  or  Citizens  of  Said  District  fully  expresed .  . 

Sec  2.  Be  it  further  enacted.  That  the  President  Or 
Judge  of  ]\Iiners  Court  may  caul  a  public  meeting  at  any  time 
either  of  them  may  Deem  the  Same  necessary,  by  giving  48 
hours  notice,  by  posting  Six  notices  in  as  many  public  places  in 
said  District 

Sec  3  Be  it  further  enacted.  That  all  Laws  conflicting 
with  those  passed  at  the  meetings  of  the  Citizens  of  this  District 
held  on  the  18  &  20  Febry  1860  are  hereby  repealed,  and  shall 
cease  to  have  effect  in  15  days  after  this  (fate,  Except  as  to  suits 
pending  and  commenced  before  that  time,  and  the  Laws  passed 
at  this  time  to  wit  the  18  &  20  Febuay  1860,  with  the  above 
exception  shall  go  into  effect  in  fifteen  Days  from  this  date 

Approved  this  20th  Febuay  A  D  1860 

Attest 

M.  Storms  Secty  'T.  S.  Stone  Pres. 


34  GILPIN  COUNTY  RECORDS 

MINERS'  MEETII^G.i 

Proceedings  of  a  Meeting  of  the  Citizens  of  Gregory  Dis- 
trict, held  Pursuant  to  a  Notice  of  Captain  Sopris,  President 
of  the  District, 

May  25th,  1860. 

Meeting  called  to  order  by  Captain  Sopris,  at  8  P.  M.  W. 
W.  Snelling  chosen  Secretary. 

Capt.  Sopris,  in  a  clear  and  concise  manner,  explained  the 
object  of  the  meeting  to  be  to  take  measures  to  obviate  the  vari- 
ous discrepancies  in  the  laws  of  the  District,  and  to  amend  the 
law^s  in  such  manner  as  to  give  full  and  ample  encouragement 
to  the  new  comer,  while  they  should  protect  property  already 
acquired,  but  only  where  such  property  has  been  acquired  bona 
fide,  and  urged  that  a  committee  be  appointed  to  propose  such 
alterations  as  appeared  necessary. 

On  motion  of  H.  P.  A.  Smith,  esq.,  a  committee  of  three 
was  appointed  to  draft  resolutions  relative  to  such  alterations  as 
appeared  essential,  which  committee  consisted  of  Messrs.  Smith, 
Hughes  and  Tasher,  who  thereupon  retired  to  draft  resolutions. 

In  the  interval  of  tlie  absence  of  the  committee,  the  meet- 
ing was  addressed  by  Capt.  Sopris,  who  congTatulated  the  citi- 
zens upon  their  present  prosperity  and  future  prospects ;  spoke 
at  length  of  the  riches  existing  in  our  hills  and  vallies,  awaiting 
the  labor  of  the  enterprizing  and  industrious  miner,  and  in  an 
eloquent  manner  warned  them  of  the  vices  too  often  attendant 
upon  a  society  newly  formed  and  afar  from  the  influences  under 
which  they  had  been  reared,  and  spoke  upon  the  evils  and  diffi- 
culties arising  from  the  jumping  of  claims,  and  the  numerous 
trials  arising  therefrom. 

At  9  o'clock  the  committee  returned  and  reported  the  fol- 
lowing resolutions,  which  were  adopted : 

Resolved,  1st,  That  lead  claims  shall  be  held,  where  hon- 
estly taken  up  or  purchased,  without  any  requisition  of  labor 
upon  the  same,  for  one  year  from  June  1st,  to  give  time  for  sup- 
plying machinery  for  working  the  same. 

^  Rocky  Mountain  Herald,  June  2,  1860,  p.  4.  The  resolutions  were 
also  found  in  Gregory  District,  Record  C. 


GREGORY   DISTRICT  35 

Besolved,  2d,  That  when  machinery  is  owned  or  used  by 
any  person  owning  more  than  one  cL^im,  that  labor  on  one  claim 
shall  hold  the  others  as  firmly  as  if  they  also  were  worked. 

Resolved,  3rd,  That  when  any  person  owns  a  Gulch,  Ea- 
vine.  Flat  or  Patch  claim,  where  there  is  at  present  no  water 
for  working  the  same,  he  shall  hold  the  same  without  being  re- 
quired to  work  it,  until  ten  days  after  there  shall  be  water  suffi- 
cient to  work  the  claim. 

Resolved,  4th,  That  where  there  is  any  doubt  of  the  honesty 
of  any  bill  of  sale  of  a  claim,  and  the  witnesses  are,  by  any  good 
reason,  not  to  be  found,  the  holder  may  be  examined  under  oath, 
at  the  request  of  any  adverse  party. 

Resolved,  5th,  That  the  records  of  the  District  shall  bear 
the  same  weight  hereafter,  as  evidence  of  title  and  right,  that 
they  have  heretofore  done,  until  the  repeal  of  the  above  laws. 

Resolved,  6th,  That  the  first  record,  taken  in  good  faith,  of 
a  mill  claim,  shall,  in  all  cases,  be  held  good  until  the  expiration 
of  the  present  season ;  and  where  any  person  shall  place  on  rec- 
ord his  intention  to  improve,  shall  hold  until  the  1st  of  June, 
1861. 

Resolved,  7th,  That  in  case  of  the  death  of  any  person  o\vn- 
ing  property  in  this  District,  it  shall  be  the  duty  of  the  Presi- 
dent to  appoint  an  administrator  of  the  estate,  who  shall  be  re- 
quired to  give  bonds  and  close  up  the  property  according  to  the 
laws  of  Kansas  Territory ;  and  he  shall,  in  all  cases  where  possi- 
ble, appoint  some  relation  of  the  deceased,  in  want  of  which, 
some  other  responsible  party,  and  he  shall,  in  all  such  cases, 
have  the  power  and  perform  the  duties  of  a  Judge  of  Probate. 

Resolved,  8th,  That  these  laws  shall  be  in  force  from  and 
after  their  passage. 

Upon  the  reading  of  the  7th  resolution,  a  spirited  debate 
ensued  between  Messrs.  C.  C.  Post  and  H.  P.  A.  Smith,  in 
which  the  latter  vindicated  the  propriety  of  adheiring  to  the 
jurisdiction  under  which  we  are  placed,  and  quietly  abiding 
the  action  of  Congress  with  regard  to  any  new  organization. 

The  Chairman  further  addressed  the  meeting,  proposing 
the  appointment  of  delegates  to  a  General  Convention  of  the 


36  GILPIN  COUNTY  RECORDS 

several  District,  tlie  object  of  which  Convention  should  be  to 
establish  a  code  of  Laws,  which  should  be  adopted  by  the  people 
of  the  several  Districts. 

The  following  gentlemen  were  then  elected  to  attend  said 
convention.    R.  Sopris,  H.  P.  A.  Smith  and  Geo.  "\Y.  Brizee. 

Meeting  then  adjourned. 

W.  W.  Snelling,  Sec'y. 

FROM  THE  MOUNTAI^S.i 

Yesterday,  Friday,  was  a  gay  one  throughout  Gregory  dis- 
trict. There  were  polls  open  at  the  Haman  House,  at  Kehler's 
point,  at  Gregory  House,  Black  Hawk  Point,  and  Chase's 
Gulch;  and  the  wonted  crowds  to  be  obsen-ed  canvassing  and 
carrying  on  for  their  favorites.  Dr.  Bissell,  and  A.  Wilson, 
Esq.,  ran  for  office  of  Judge  of  the  Miners'  Court  of  Gregory 
District, — the  latter  was  elected  by  some  fifty  majority.  The 
office  is  worth  five  or  six  thousand  a  year. — There  were  some 
six  or  eight  hundred  votes  polled. 

LAWS  OF  FEBEUARY,  I86I.2 

At  a  meeting  of  the  Citizens  of  Gregory  District  held  in 
Mountain  City  on  the  13th  day  of  February  A  D  1861.  at  7 
Oclock  P  M.  a  committee  consisting  of  Benj  Mason.  D  S  Par- 
melee  and  M.  Storms,  was  appointed  to  codify  and  amend  the 
Laws  of  said  District — and  to  report  the  said  Laws  so  codified 
and  amended  in  a  meeting  to  be  held  at  the  same  place  on  the 
16th  inst.  In  accordance  with  the  duties  imposed  upon  them. 
The  committee  report  the  following  acts,  to  wit 

An  Act  Amendatory  to  an  Act  Entitled  an  Act  Defining 
Claims  and  Regulating  the  Title  Thebeto. 

Sect  1st  Be  it  enacted  by  the  Citizens  of  Gregory  Dis- 
trict assembled.  That  no  person  shall  have  more  than  one 
Gulch,  Patch,  or  Placer,  Claim  except  by  purchase  or  discovery, 

^  Daily  Rocky  Mountain  News,  October  22,  1860,  p.  2. 
*  Record  B  2d. 


GREGORY  DISTRICT  37 

and  no  more  than  one  Claim  on  each  Lode  except  bv  purchase 
or  discovery. 

Sect  2nd  Be  it  further  enacted  that  each  Discovey  claim 
shall  be  plainly  marked  and  staked  with  the  name  of  the  person, 
who  shall  have  discovered  the  same,  plainly  written  thereon,  and 
a  hole  or  shaft  shall  be  sunk  on  the  same  to  the  crevis  thereof, 
and  the  same  shall  be  recorded  as  other  claims  and  in  all  cases 
each  discovery  claim  shall  be  as  plainly  described  on  the  Records 
as  possible,  and  a  penalty  of  Ten  Dollars  shall  be  imposed  upon 
any  one  removing  or  defacing  stake  or  land  mark,  To  be  recov- 
ered the  same  as  other  fines,  and  applied  the  same  way. 

Sect  3rd  Be  it  further  enacted  that  all  claims  of  what- 
ever description,  shall  hereafter  be  held  as  real  Estate. 

Sect  4th  Be  it  further  enacted  that  all  Discovery  Claims 
shall  be  entitled  to  Twenty  five  (25)  feet  each  side  of  the  dis- 
eovry  crevis  and  all  preemptions  shall  follow^  the  principal  crevis, 
and  when  Lodes  cross  each  other  priority  of  discovry  shall  be 
entitled  to  the  Crevis  in  crossing,  and  all  Spurs  from  the  prin- 
cipal crevis  shall  be  regulated,  according  to  Laws  regulating 
other  discoveries 

An  Act  Amendatory  to  an  Act  Entitled  an  Act  Relating 

TO  Crimes  and  Nuisances,  Committed  in 

Gregory  District. 

Sect  1st  Be  it  enacted  by  the  citizens  of  Gregory  District 
in  convention  assembled 

It  shall  be  the  duty  of  the  court  before  whom  any  person 
or  persons  shall  be  found  guilty  of  no  greater  crime  than  petty 
larceny  to  immediately  issue  an  execution,  and  if  the  person  or 
persons  so  convicted  shall  not  turn  to  the  officer  sufficient  prop- 
erty to  satisfy  said  judgment  together  with  the  costs  of  said 
suit.  Then  it  shall  be  the  duty  of  the  Sheriff  or  Officer  having 
said  person  or  persons  in  charge  to  securely  keep  said  person  or 
persons  and  make  him  or  them  work  out  said  judgment  on  the 
public  streets  or  roads  of  Gregory  in  such  [manner]  as  said 
officer  shall  direct  for  which  services  he  or  they  shall  be  allowed 

44330 


38  GILPIN  COUNTY  RECORDS 

and  have  applied  on  the  judgment,  one  Dollar  per  day  and 
board. 

Sect  2nd  Be  it  further  enacted,  that  said  officer  shall 
see  that  said  person  or  persons  are  boarded,  and  for  his  services 
shall  recive  a  fair  compensation  out  of  the  public  treasury. 
Said  officers  fees  and  Charges  to  be  detained  by  the  President, 
Judge  and  Recorder  of  the  District — 

Sect  3rd  Be  it  further  enacted  that  in  all  prosecutions 
wherein  the  parties  accused  are  not  charged  with  any  greater 
offence  than  petty  larceny,  it  shall  be  the  duty  of  the  prosecutor 
prior  to  the  issuing  of  a  warrant  to  file  a  Bond  with  the  Court 
signed  by  himself  and  one  or  more  sureties  conditioned  for  the 
payment  of  all  costs  provided  the  person  or  persons  who  shall 
be  prosecuted  shall  not  be  convicted — 

Sect  4th  Be  it  further  enacted  that  all  fines  that  may  be 
recovered  under  Sections  2,  3,  4,  &  5  under  this  act  one  half  of 
the  fines  in  each  shall  be  paid  by  the  Judge  of  the  District  to 
the  prosecuting  witness 

An  Act  in  Relation  to  Levy  and  Sale  upon  Execution. 

Sect  1st  Be  it  enacted  by  the  citizens  of  Gregoiy  Dis- 
trict in  Convention  assembled  That  whenever  any  real  Estate 
shall  be  sold  which  is  situated  within  the  limits  of  this  District 
the  judgment  debtor  or  debtors  niay  redeem  the  same  or  any 
part  thereof  at  any  time  within  fifteen  days  from  the  day  of 
sale,  and  a  judgment  creditor  or  creditors  may  redeem  said  real 
Estate  or  any  part  thereof  within  five  days  after  the  time  ex- 
pires for  the  redemption  of  the  judgment  debtor  or  debtors,  and 
either  case  the  redemption  shall  be  made  by  paying  to  the  Judge 
of  the  Miners'  Court  of  this  District  or  the  President  thereof  to 
be  governed,  the  fact  before  which  court  the  Judgment  was  re- 
covered the  total  amount  for  which  the  real  estate  sought  to  be 
redeemed,  sold  for. 

Be  it  enacted  by  the  Citizins  of  Gregory  District  in  Con- 
vention assembled  That  we  do  at  the  present  time,  and  will  here- 


GREGORY  DISTRICT  39 

after  extend  to  the  Citizens  of  other  Districts  all  the  legal  rights 
which  thev  may  extend  to  ns  and  none  other — 

All  Laws  heretofore  existing,  conflicting  with  these  amend- 
ments are  hereby  repealed,  and  all  Laws,  passed  by  this  meeting 
shall  take  effect  on  and  after  their  passage. 

Committee 
Eecorded  Feby  16th  1861.  Benj  Mason 

M.  Storms  Eecorder  L)  S  Parmelee 

by  T  P  Van  [  ?]  Treas  J.  W.  Storms 

At  a  meeting  of  the  miners  &  ctazens  of  Gregory  District 
held  pnrsuint  to  notice  being  duly  posted  the  president  in  the 
Dist  presiding  Motion  A.  H.  Clemments  was  Appointed  Seca- 
tary  on  motion  a  committe  of  3  was  appointed  by  the  Chair, 
consisting  of  Col  Saml.  McLain  D  S  Parmalee  an  Chas  Post 
to  Draft  resolutions  Expressive  of  the  objects  of  meeting — the 
committee  then  retired  and  afterwards  reported  the  following 
amendments  to  the  Laws  of  Gregory  District  to  wit — on  motion 
the  report  of  the  committe  was  accepted  unanimously,  an 
adjourned 

Be  it  Enacted  by  the  Citizens  of  Gregory  District  in  min- 
ers meeting  assembled  That  Sec  5th  of  an  act  passed  and  ap- 
proved Febuary  20th  1860  Entitled  an  act  in  relation  to  the 
officers  of  Gregory  district  their  duties  Terms  of  office  and  fees 
found  on  page  6th  of,  the  laws  of  Gregory  district  be  and  the 
Same  is  hereby  repealed 

That  it  Shall  be  lawfull  to  Elect  a  Sheriff  of  Gregory  Dis- 
trict who  Shall  when  Elected  &  qualified  have  all  powers  of  the 
Sheriff  conferd  by  law  on  Sheriffs  of  counties  in  the  former 
Territory  of  Kansas  that  This  act  take  Effect  and  be  in  full 
force  from  and  after  its  passage 

Resolved  2d  That  the  recorder  of  this  District  be  Directed 
to  make  a  minute  of  the  above  resiloutions  on  the  paper  Pook 
of  the  Distrct  and  by  Public  notice  announce  to  the  voters  of 
the  District  that  a  Sheriff  will  be  voted  for  in  the  forth  comming 
Election  to  be  held  on  Monday  (in  June  A.  D.  1861) 

Be  it  Enacted  by  the  Citizens  of  Gregory  District  in  Min- 


40  GILPIN  COUNTY  RECORDS 

ers  meeting  assembled  That  no  Change  of  venue  be  Granted  from 
this  District  in  any  Snit  hereafter  commenced  in  the  miners 
court  of  this  District  Shall  be  allowed  unless  the  Judge  of  the 
court  or  president  be  interested  in  the  Event  of  Said  Suit  and 
that  Said  interest  must  be  Shown  by  the  affidavit  of  the  party 
applying  for  Such  change  of  venue  and  that  the  cost  of  Such 
change  of  Venue  Shall  be  paid  within  thirty  Six  hours  after 
Such  is  granted  by  the  party  applying  therefore  and  Shall  not 
be  taxed  against  any  other  party  in  Said  Case  This  Section 
to  apply  to  civil  cases  alone 

•ith  That  if  a  party  believe  that  the  people  are  So  preju- 
diced against  him  that  he  cannot  have  a  fair  and  impatial  trial 
by  the  people  of  Said  district,  and  Such  fact  is  Shown  by  affi- 
davit it  Shall  be  lawfuU  to  Summon  Jurrors  from  other  parts 
of  the  country  and  that  Such  affidavit  contemplated  in  this  & 
sec  one  shall  be  made  on  the  return  of  the  Summons  unless  such 
facts  come  to  the  knowledge  of  the  party  after  Said  return  day 

MASS  MEETING.! 

At  a  mass  meeting  of  miners,  mill  men  and  citizens  of  the 
mountain  districts,  held  at  Central  City,  Saturday,  April  20th, 
[1861],  the  meeting  was  called  to  order  by  Mr.  Parker,  Presi- 
dent of  Central  City  District,  Judge  Gorsline,  of  Eureka,  unan- 
imously elected  President,  and  Edward  P.  Peters,  of  I^evada, 
Secretary  of  the  meeting. 

Dr.  B.  P.  Rankin,  of  Missouri  City,  being  called  upon  to 
state  the  object  of  the  meeting,  said  that  this  convention  was 
called  to  decide  upon  the  rights  of  the  Consolidated  Ditch  Co. 
to  bring  in  and  cede  water  to  the  miners  and  mill  men  of  the 
upper  Districts,  and  to  gain  an  expression  of  the  opinion  of  the 
citizens  of  these  Districts  in  regard  to  those  rights,  and  to  the 
recent  decision  of  the  Court  of  the  Provisional  Government  at 
Denver,  against  the  interests  and  privileges  of  said  company. 
The  Dr.  spoke  at  some  length,  and  laid  the  case  clearly  before 
the  people. 

^  Daily  Rocky  Mountain  Neics,  April  25,  1861,  p.  2. 


GREGORY  DISTRICT  41 

A  committee  was  appointed,  composed  of  one  or  more  rep- 
resentatives from  each  district,  to  draft  resolutions  for  the  con- 
sideration of  the  meetins:. 

While  tlie  committee  were  ont  for  this  purpose,  I.  H.  IMor- 
ton,  of  Xevada,  Dr.  Rankin  and  I.  W.  Ilambleton  addressed 
the  meeting,  in  favor  of  the  Ditch  Co.  being  allowed  to  supply 
their  water  to  those  applying  for  it. 

Mr.  Carlton,  of  Enterprise,  and  Judge  Gray,  of  Missouri 
City,  also  addressed  the  meeting  in  favor  of  the  interests  of 
the  lower  and  Xorth  Clear  Creek  districts,  and  adverse  to  the 
right  of  the  Consolidated  Ditch  Co.  to  supply  water  to  Spring 
Gulch. 

The  committee  on  resolutions  being  now  ready,  reported 
through  Mr.  H.  B.  Bearce,  Chairman,  who  offered  the  following 
preamble  and  resolutions : 

Whearas,  In  a  suit  tried  at  Denver  City,  his  honor,  J. 
Bright  Smith,  presiding,  wherein  the  Black  Hawk  Mill  Co. 
were  plaintiffs  and  the  Consolidated  Ditch  Co.  defendants,  a 
most  unjust  and  illegal  verdict  was  rendered  in  favor  of  the 
Black  Hawk  Mill  Co. ;  and,  whereas,  if  the  rulings  of  said  court 
in  said  suit  were  sustained  by  the  people,  the  very  objects  for 
which  the  said  ditch  was  built  would  be  defeated ;  and,  whereas, 
it  becomes  our  duty,  as  it  is  our  right,  to  say  and  define  what  the 
rights  of  said  Consolidated  Ditch  are,  and  what  they  have  been, 
and  to  sustain  and  defend  them  in  such  rights,  therefore  be  it 

Resolved,  By  the  miners,  mill  men,  and  citizens,  in  mass 
meeting  assembled.  That  the  following  sections  shall  be  the  law 
by  which  said  Consolidated  Ditch  Co.  shall  be  governed : 

Sec.  1.  The  Consolidated  Ditch  Company  have  tlie  right, 
established  by  priority  of  claim,  to  bring  in  and  sell  their  water 
to  all  persons  applying  for  the  same,  when  wanted  for  mining 
or  milling  purposes. 

Sec.  2.  The  Consolidated  Ditch  Co.  are  not,  have  not, 
and  shall  not  be  deemed  liable  for  any  damage  that  said  water 
may  cause  after  it  leaves  their  gates,  by  reason  of  its  legitimate 
use. 


42  GILPIN  COUNTY  RECORDS 

Sec.  3.  All  injunctions  against  the  flowing  of  said  water 
through  the  Company's  Ditch,  or  its  sale  and  delivery  to  min- 
ers and  mill  men,  are  hereby  declared  void. 

Sec.  4.  That  while  we  deem  the  priority  of  right  of 
claim,  and  the  right  to  sell  water  without  liability,  in  accord- 
ance with  the  foregoing  resolutions,  clear  in  the  Consolidated 
Ditch  Co,  we  would  ask  of  the  company,  and  recommend,  that 
they  should  be  at  all  times  ready  to  give  and  effect  any  compro- 
mise which  will  not  interfere  with  their  prior  rights,  as  em- 
bodied in  their  charter,  with  any  persons  who  may  be  damaged 
by  the  use  of  the  water. 

The  whole  of  the  above  resolutions  being  put  to  vote,  sepa- 
rately, were  unanimously  adopted  by  the  meeting,  after  being 
spoken  upon  by  Messrs.  Morton,  Gray,  Hambleton,  Eankin  and 
Col.  Wood. 

On  motion,  it  was  unanimously  resolved  that  the  proceed- 
ings of  this  meeting  be  published  in  all  papers  in  the  Territory. 

On  motion,  the  same  were  ordered  to  be  transmitted  to  the 
Consolidated  Ditch  Co.  by  the  Secretary,  with  a  request  to  see 
the  resolutions  abided  by. 

On  motion,  it  was  ordered  that  the  same  be  transmitted  by 
the  Secretary  to  the  proper  officer  in  each  district  for  record 
and  reference. 

On  motion,  the  thanks  of  the  meeting  were  unanimously 
tendered  to  Judge  Gorsline,  for  the  able  and  gentlemanly  man- 
ner in  which  he  presided  over  the  meeting. 

Adjourned. 

Edward  P.  Peters,  Sec. 


MIN^ERS'  MEETING.! 

A  mass  meeting  of  the  citizens  of  Gregory,  Enterprise, 
and  other  districts  throughout  the  mountains,  was  held  at  Moun- 
tain City,  on  the  22d  day  of  April,  1861. 

Judge  H.  P.  A.  Smith  called  the  meeting  to  order,  where- 
upon, Judge  Robert  Wilkinson  of  Enterprise  was  elected  Chair- 

'^  Daily  Rocky  Mountain  Neivs,  April  30,  1861,  p.  2. 


GREGORY  DISTRICT  43 

man,  and  C.  C.  Post  and  George  Ainslee,  Secretaries.  By  re- 
quest, Judge  H.  P.  A.  Smith  stated  the  object  of  the  meeting 
and  said  that  since,  through  the  misrepresentations  made  at  a 
meeting  held  at  Central  City  on  the  20th  inst,  the  citizens  of 
JSTevada  and  other  gulches  were  made  to  believe  that  the  result  of 
the  verdict  of  tbe  jury  in  the  case  of  the  Black  Hawk  Mill  Com- 
pany vs.  the  Consolidated  Ditch  Company  would  prevent  said 
Ditch  Company  from  furnishing  water  to  any  of  the  mills  in 
Xevada  or  other  districts,  and  by  such  misrepresentations,  said 
meeting,  held  in  Central  City,  adopted  a  series  of  resolutions 
virtually  annulling  the  verdict  of  the  jury  in  said  case,  and  re- 
pudiating the  Government  from  which  said  Ditch  Company 
received  their  charter  and  the  court  in  which  said  case  was  fully 
and  fairly  investigated ;  that  the  meeting  was  called  for  the  pur- 
pose of  setting  the  matter  right  before  the  people,  and  that  the 
result  of  the  verdict,  rendered  in  said  case  and  all  that  was  asked 
for  by  the  citizens  of  Gregory  and  Enterprise  was  to  prevent 
the  gi'ound  sluicing  and  use  of  hydraulics  in  Spring  Gulch,  that 
there  were  never  more  than  twenty-five  or  thirty  men  interested 
in  Spring  Gulch,  while,  on  the  contrary,  were  they  permitted 
to  continue  their  ground  sluicing,  the  property  of  thousands  of 
men  in  Gregory  and  Entei-prise  districts  would  be  completely 
ruined  by  the  sand  which  has  been  and  would  continue  to  be 
washed  down  on  them. 

On  motion  of  Col.  Sam.  McLean,  the  chair  appointed  a 
committee  of  thirteen  on  resolutions,  consisting  of  the  following 
gentlemen:  C.  R.  Bissell,  W.  H.  Bates,  D.  S.  Pannelee,  Judge 
A.  Wilson,  Gregory;  Thos.  Carleton,  H.  P.  Cowenhoven,  A.  E. 
Buckmiller,  C.  W.  Eisk,  Enterprise;  J.  A.  Hale,  Judge  Wells, 
Chases  Gulch;  Dr.  S.  B.  Thompson,  Dr.  E.  S.  Leavitt,  Ne- 
vada; John  C.  Anderson,  Fall  River. 

The  committee  retired,  and  the  meeting  was  addresed  by 
several  gentlemen.  The  committee  returned,  and  reported  the 
following  resolutions. 

Whereas,  The  Consolidated  Ditch  Company  received  its 
charter  from  the  Provisional  Government  of  Jefferson  Terri- 
tory, and  have  heretofore  recognized  said  government  and  the 


44  GILPIN  COUNTY  RECORDS 

courts  established  under  it  by  prosecuting  and  defending  suits 
in  said  courts,  and  it  appearing  that  certain  damages  were  in- 
curred by  parties,  through  the  act  of  said  Ditch  Company,  for 
which  suit  was  instituted  in  the  District  Court  of  the  Provi- 
sional Government,  and  upon  the  trial  of  the  same  resulted  in 
favor  of  the  damaged  parties,  and  it  appearing  further  that  the 
decision  of  said  court  and  the  authority  under  which  it  acted 
is  now  attempted  to  be  abrogated  by  said  Ditch  Company,  who 
have  through  themselves  or  their  agents  by  false  representations 
and  unjust  means  succeeded,  through  a  meeting  of  miners  held 
at  Central  City,  in  bringing  about  a  state  of  affairs,  which,  if 
sustained  and  carried  out,  are  calculated  to  produce  serious  and 
irreparable  injury  to  the  citizens  of  Gregory  and  Enterprise 
Districts,  therefore  be  it 

Resolved,  That,  as  citizens  of  Gregory  and  Enterprise  Dis- 
tricts, in  Mass  Meeting  assem.bled,  we  have  rights  and  privileges 
as  dear  to  us  as  are  the  rights  and  privileges  of  any  other  sec- 
tion of  the  mining  region,  and  that  those  rights  and  privileges 
have  been  invaded,  and  our  property  injured  and  destroyed  by 
the  said  Ditch  Company,  and  that  said  Ditch  Company  has 
violated  the  charter  under  which  it  claims  to  act  by  attempting 
to  set  at  naught  a  decision  in  favor  of  the  Black  Hawk  Mill 
Company,  in  a  court  of  the  Provisional  Government. 

2d.  That  the  verdict  of  the  jury  in  the  case  referred  to, 
merely  allowed  damages  for  the  plaintiff,  and  that  the  trial  had 
no  reference  at  all  to  the  giving  of  water  to  the  citizens  of  Ne- 
vada, or  any  other  gulch  except  Spring  Gulch,  and  only  pre- 
vented said  Ditch  Company  from  giving  water  to  said  gulch 
for  the  purpose  of  ground  sluicing  and  using  of  hydraulics,  and 
that  the  use  of  Nevada  Gulch  is  not  what  we  complain  of,  as  it 
has  done  us  no  injury ;  but  we  complain  of  the  letting  in  of  the 
water  on  Spring  Gulch,  as  the  cause  of  all  the  injury  inflicted 
on  us. 

3d.  That  if  representations  were  made  of  miners  and  mill 
men  to  the  effect  that  the  decision  had  in  the  case  of  the  Black 
Hawk  Mill  Co.  vs.  The  Consolidated  Ditch  Co.,  would  virtually 
prevent  the  inhabitants  of  Nevada  or  any  other  gulch  (with  the 


GREGORY  DISTRICT  45 

exception  of  Spring  Gulch)  from  obtaining  water  as  thej  have 
obtained  it  heretofore,  we,  knowing  the  facts,  pronounce  said 
representations  false,  and  assert  that  they  were  made  to  deceive 
the  people  whose  assistance  they  craved  to  cany  out  their  unjust 
ends,  and  that  the  refusal  of  the  Ditch  Co.,  on  account  of  the 
decision  referred  to,  to  give  water  to  the  people  of  any  gulch, 
was  done  through  unmanly  motives,  in  order  to  incense  the  min- 
ers and  lead  them  to  believe  that  the  necessity  of  the  case  re- 
quired their  interference. 

4th.  That  we  bear  no  enmity  to  the  Consolidated  Ditch 
Co.,  and  have  no  objection  to  the  running  of  the  water  from 
their  ditch  down  through  Gregory  Gulch  into  North  Clear 
Creek,  provided  they  will  so  regulate  the  same,  by  preventing 
ground  sluicing  and  the  use  of  hydraulics,  as  not  to  injure  us 
and  our  property  by  submerging  it  in  sand  and  gravel. 

5th.  That  if  the  Consolidated  Ditch  Co.  continue  in  set- 
ting at  defiance  the  mandates  of  our  Courts,  we  will  unite  as 
one  man  with  the  citizens  of  Fall  River,  Clear  Creek,  Russell's 
Gulch  and  all  other  places  that  are  injured  by  the  running  of 
the  water  thro'  said  ditch,  and  ever  hold  ourselves  in  readiness 
to  protect  and  enforce  the  law,  and  if  that  fail  to  resort  to  such 
means  as  may  be  necessary  for  the  protection  of  ourselves  and 
property. 

After  the  above  resolutions  were  fully  discussed  they  were 
adopted  unanimously. 

A  motion  was  then  made  and  carried  that  a  copy  of  the 
above  resolutions  be  sent  to  the  Presidents  of  the  different  Dis- 
tricts throughout  the  mountains,  and  that  the  proceedings  of 
this  meeting  be  published  in  all  the  papers  in  Colorado  Terri- 
tory. 

On  motion,  the  meeting  then  adjourned. 

R.  Wilkinson,  Pres't. 

Charles  Cr.  Post,         )  „ 

^  A .     T  }  Secretaries. 

George  Amslie,  \ 


46  GILPIN  COUNTY  RECORDS 

LAW  OF  JUNE  3,  I86I.1 

Be  it  enacted  by  the  people  of  Gregory  District  in  General 
Miners'  Meeting  assembled. 

1st.  That  from  and  after  the  3rd  day  of  Jne  A.  D.  1861. 
the  boundaries  of  Gregory  District  (by  and  ^vith  the  consent  of 
Enterprise  District)  be  so  changed  as  to  include  all  of  Enter- 
prise District.  And  the  Teritory  heretofore  comprising  the 
Districts  of  Gregory  and  Enterprise  be  erected  into  one  mining 
District  and  shall  be  designated  by  such  name  as  may  be  deter- 
mined upon  by  a  joint  Meeting  of  the  Citizens  of  Gregory  & 
Enterprise  Districts 

2nd.  That  George  W.  Brizee  D.  S.  Parmlee  C.  B.  Clem- 
ents J  W  Colver  and  Cooper  be  and  are  hereby  made  and 
appointed  commissioners  to  meet  at  some  convenient  place  at 
Black  Hawk  Point  the  same  number  of  Commissioners  to  be 
appointed  by  the  people  of  Enterprise,  whose  duty  it  shall  be 
to  Revise  and  Harmonize  the  Laws  of  the  two  Districts,  and 
shall  report  a  complete  set  of  laws  to  govern  the  two  Districts  so 
united  at  a  meeting  to  be  Held  at  Gregory  Point  on  Saturday 
Evening  the  1st  day  of  June  AD  1861  at  early  candlelight 

PRIMARY  MEETING.^ 

Pursuant  to  notice  the  citizens  of  old  Gregory  met  in  Con- 
vention at  the  Court  House  in  Mountain  City. 

The  meeting  was  called  to  order,  and  by  motion  of  H.  C. 
Edwards  Mr.  D.  S.  Parmlee  was  chosen  chairman,  who  in  a 
brief  address,  after  reading  the  call,  stated  the  object  of  the 
meeting  to  be  to  elect  delegates  to  represent  Gregory  District  in 
the  Territorial  Convention,  to  be  held  in  Denver,  on  the  22d 
inst.,  for  the  purpose  of  nominating  a  '^People's  Candidate," 
for  Delegate  to  the  37th  Congress. 

On  motion  of  A.  Sisson,  C.  C.  Post  was  chosen  Secretary. 

On  motion  of  J.  W.  Russell,  the  Chair  appointed  E.  G. 
Bissell,  Capt.  W.  H.  Bates  and  Judge  Wilson,  a  committee  to 

'  Loose  sheet  in  Grantee  Index. 

^  Daily  Rocky  Mountain  Neics,  July  20,  1861,  p.  2. 


GREGORY   DISTRICT  47 

present  the  names  of  persons  for  delegates  to  said  convention, 
while  the  committee  were  out  Thos.  Hunter,  L.  Belden  and  oth- 
ers, addressed  the  meeting. 

The  committee  returned  and  reported  the  names  of  Dr.  A. 
A.  Craine,  John  Morris,  A.  Wilson,  M.  Storms,  O.  S.  Levis, 
Samuel  McLean  and  G.  Watson  Brizee,  as  suitable  persons  for 
delegates  to  said  convention. 

After  the  report  was  received,  and  committee  discharged, 
on  motion  of  L.  Belden,  each  person  was  balloted  for  separately, 
and  the  result  of  the  balloting  was  the  election  of  the  persons 
whose  names  were  reported  by  the  committee,  as  delegates  to 
said  convention. 

On  motion  of  Samuel  Toner,  Esq.,  the  delegates  were  au- 
thorized, in  case  any  of  them  could  not  attend  the  convention, 
to  substitute  by  written  authority  some  one  to  act  in  their  stead. 

Cap.  Bates  offered  the  following  resolution,  which,  after 
being  discussed  by  Judge  Wilson,  C.  C.  Post  and  others,  was 
unanimously  carried : 

Resolved,  That  our  Delegates  be  instructed  not  to  be  tena- 
cious for  any  favorite  candidate,  but  to  use  all  honorable  means 
in  their  power  to  nominate  some  man  who  iviU  heat  Hiram  P. 
Bennett,  or  an  other  partizan  candidate. 

On  motion  of  Capt.  Wm.  H.  Bates,  the  Denver  papers 
were  requested  to  publish  the  proceedings  of  this  meeting. 

On  motion  the  meeting  adjourned  until  Wednesday  even- 
ing, to  receive  the  report  of  our  Delegates. 

Chas.  C.  Post,  Sec'y.  Dan'l  S.  Parmlee,  Pres't. 

July  18th,  1861. 


RUSSELL  DISTRICT. 


LAWS  OF  JUNE  18,  1859.i 

Be  it  Resolved. 

That  a  district  beg:iniiiiig  at  the  month  of 
"Willis"  branch,  including  said  ravine,  from  thence  on  the  di- 
vide between  "Clear  Creek"  and  Russell  ravine,  thence  on  di- 
viding ridge  to  claims  known  as  the  Illinois  Co's  and  from 
thence  on  divide  to  place  of  beginning  be  and  is  hereby  consti- 
tuted an  independent  mining  district  to  be  known  as  the  Russell 
Diggings  and  that  the  following  rules  be  adopted  for  the  govern- 
ment of  the  mines 

Rule  First 

No  miner  shall  be  entitled  to  hold  more  than  one  Gulch  or 
ravine  claim  and  one  mountain  or  lead  claim,  except  by  pur- 
chase or  discovery  and  in  case  of  purchase,  the  same  shall  be 
attested  by  at  least  two  disinterested  witnesses  and  shall  be  re- 
corded by  the  secretary  within  five  days  after  the  sale  and  the 
secretary  shall  receive  in  compensation  a  fee  of  fifty  cents. 

2nd  Each  mountain  claim  shall  be  one  hundred  feet  in 
length  on  the  lead  and  fifty  feet  in  width.  Gulch  claims  shall  be 
one  hundred  feet  in  length  on  Stream  and  from  bank  to  bank, 
except  in  flats  or  when  there  is  no  running  water,  in  which  case 
claims  may  be  one  hundred  feet  square. 

3rd  Each  Hill  claimant  shall  be  entitled  to  one  sluice  or 
tom  head  of  water  provided  it  does  not  interfere  with  the  quan- 
tity of  water  necessary  to  wash  with  Tom  ^  or  sluice  in  the  ra- 
vine, priority  of  claims  always  taking  preferance. 

4tli  No  claim  shall  not  [sic]  be  good  or  valid  unless  it 
be  staked  off  and  the  name  of  the  owned  appear  conspicuously 
upon  it,  when  claims  are  held  by  a  Co.  the  name  of  each  mem- 
ber must  appear. 

^  Manuscript  found  among  the  Teller  Papers. 

^  An  inclined  trough  in  which  gold-bearing  earth  or  gravel  was 
washed. 

48 


RUSSELL   DISTRICT  49 

otli  All  claims  shall  be  worked  within  six  days  from  the 
time  they  are  staked  off,  in  case  they  are  in  a  condition  to  be 
worked — otherwise  forfeited — discovery  claims  excepted 

6th  Wben  the  member  of  a  company  shall  be  at  work  on 
one  claim  of  the  Co.,  the  remaining-  claims  shall  be  considered 
as  worked,  by  notice  being  posted  eonspicuonsly  npon  them,  and 
in  case  of  notices  being  removed  or  destroyed  when  witnesses 
of  the  fact  of  notice  having  been  posted  cannot  be  obtained  the 
oath  of  the  party  posting  ^nch  notice  shall  be  taken  as  evidence. 

Tth  Each  discovery  claim  shall  be  worked  as  snch  and 
shall  be  safely  held  whether  worked  or  not 

8th  Priority  of  claims  when  honestly  carried  out  shall 
be  respected 

9th  When  disputes  in  regard  to  claims  or  other  matters 
shall  occur  a  meeting  of  the  miners  shall  be  called  whose  duty  it 
shall  be  to  attend,  and  when  convened  a  chairman  shall  be 
chosen  and  a  jury  of  six  disinterested  men  appointed  by  the 
chair,  who  shall  have  power  to  decide  said  disputes  and  the 
chairman  shall  be  empowered  to  administer  oat[h]s  to  jurors 
and  witnesses. 

10th  The  secretary  of  this  district  shall  be  elected  by  the 
people  and  it  shall  he  his  duty  to  keep  a  Book  in  which  he  shall 
record  all  claims  that  may  be  presented  to  him  for  record  upon 
the  payment  of  a  fee  of  fifty  cents,  and  miners  desiring  their 
claims  recorded  must  file  with  the  Secretary  a  full  written  de- 
scription of  said  claim  with  date  of  staking  etc.  and  such  book 
shall  be  at  all  times  subject  to  the  examination  of  any  miner  and 
shall  be  used  as  evidence  in  cases  of  disputes. 

11th  The  foregoing  laws  may  be  altered  or  amended  by 
calling  a  meeting  of  the  miners.  Notice  of  the  same  being 
posted  in  at  least  three  conspicuous  places  and  three  days  in  ad- 
vance 

AUGUST  9,  1859. 
Resolved 

That  All  claims  now  held  by  miners,  shall  l)e  held  good  and 
valid  by  having  them  recorded  before  leaving  the  country  or 
within  six  days  after  quitting  work  thereon  until  the  fifteenth 


50  GILPIN  COUNTY  EECORDS 

day  of  June  next,  and  that  any  and  all  claims  purchased  or  held 
by  purchase  where  a  valuable  consideration  is  paid,  by  having 
the  same  recorded  shall  be  held  until  that  time  and  that  all 
claims  taken  under  the  old  and  first  laws  of  this  district  shall 
be  held  as  valid  to  the  owner  or  owners  as  Avhen  taken 
Resolved 

That  the  most  natural  marks  belonging  to  each  miner's 
claim  together  with  the  boundaries  of  claims  adjoining  thereto 
with  name  of  the  Gulch,  Flat  or  Hill  shall  be  a  valid  descrip- 
tion and  lawful  defining  of  claims  upon  record,  and  that  no  Ex 
post  facto  law  shall  interrupt  or  effect  the  right  of  the  miners 
in  their  claims  as  they  are  now  understood  and  located 

OCTOBER  8,  1859. 

1st  Resolved.  That  any  person  or  persons  driving  a  Tun- 
nell  in  said  district  shall  be  entitled  to  400  feet  in  length  and 
300  in  width  as  surface  claim  at  the  mouth  of  said  Tunnel  for 
Tunnel  deposits 

2nd  All  persons  driving  a  Tunnel  shall  be  entitled  to  800 
feet  on  each  and  every  lead  from  the  mouth  to  the  terminus  of 
said  Tunnell  and  at  any  place  or  places  that  they  may  see 
proper  to  locate  their  claims  on  said  leads  not  interfering  with 
previous  claimants. 

3d  It  shall  be  the  duty  of  all  persons  driving  Tunnels  to 
post  notices  giving  their  terminus  and  direction  at  the  mouths 
of  their  tunnels. 

4th  The  location  of  all  tunnels  shall  be  recorded  together 
with  their  direction  and  terminus 

5th  Wlien  tunnels  are  legallv  located  it  shall  be  eonsid- 
ered  that  the  tunnel  company  shall  have  a  priority  of  right  to 
locate  their  claims  within  a  distance  of  400  feet  on  each  side  of 
the  line  of  their  tunnel  on  all  leads  from  its  mouth  to  its  termi- 
nus or  on  such  portion  of  the  tunnel  as  may  be  in  this  district. 

6th  Said  tunnels  shall  be  governed  by  the  laws  that  all 
other  lead  diggings  are  governd  by  in  said  district.     .     .      .^ 

'  This  paragraph  was  followed  by  a  statement  of  boundaries.  The 
statement  was  incorporated  in  the  Lmvs  and  Regulations  of  July  28,  1860. 


RUSSELL  DISTRICT  51 

MARCH  24,  1860. 

Resolved  that  Rule  first  of  the  Laws  be  so  Amended  as  to 
read,  Xo  miner  shall  be  entitled  to  hold  more  than  one  Gulch 
or  Ravine  claim  one  ^lonntain  or  Load  Claim  one  Patch  and 
one  Bank  claim,  except  they  be  Represented  by  him  or  agent  in 
working  on  the  same  after  the  loth  day  of  June  next. 

Resolved,  That  each  miner  may  hold  a  Load  Claim  till  the 
30th  of  September  next  or  till  proper  Machinery  can  be  had  to 
work  them,  and  a  Patch  claim  and  a  Bank  claim  untill  water 
can  be  had  to  work  them. 

MEETIXG  AT  RUSSELL'S  GULCH.^ 

At  a  mass  meeting  held  in  Russell's  Gulch  Oct.  21,  1859, 
Mr.  R.  R.  Cowan  was  chosen  chairman  and  J.  A.  Woodmancy 
secretary. 

On  motion,  Messrs.  Mark  A.  Moore,  Edwin  James,  J.  A. 
Woodmancy,  B^  F.  Chase  and  D.  C.  Vance  were  appointed  a 
committee  to  draft  resolutions  expressive  of  the  views  of  the 
meeting  and  report  the  following  preamble  and  resolutions, 
which  were  unanimously  adopted: 

\Miereas,  the  merchants  of  Denver  and  Auraria  have 
passed  certain  resolutions  fixing  the  value  of  our  gold  dust  at 
fifteen  and  seventeen  dollars  an  oz.,  and  declaring  their  deter- 
minations not  to  receive  it  in  exchange  for  goods  at  a  higher 
value. 

And,  whereas,  we  the  people  and  miners  of  Russell's  Gulch 
are  w^ell  assured  that  it  is  worth  more,  and  feeling  as  we  do,  that 
merchants  furnishing  us  goods  have  no  right  whatever  after 
making  their  profit  on  their  goods  to  speculate  upon  our  dust, 
and  feeling  our  entire  ability  by  concert  of  action  to  protect  our- 
selves, do,  in  mass  meeting  assembled,  declare  and  resolve: — 

1.  That  we  condemn  entirely  the  actions  of  the  merchants 
of  Denver  and  Auraria  in  this  matter,  and  will  not  submit  to 
their  dictation. 

^  Rocky  Mountain  Neics,  Nov.  10,  1859,  p.  1. 


52  GILPIN  COUNTY  RECORDS 

2.  That  we  will  in  all  practicable  cases  absolutely  refuse 
to  do  business  with,  or  buy  goods  of,  not  only  the  merchants  of 
Denver  and  Auraria,  but  all  others  who  refuse  to  take  our  dust 
at  the  old  prices  of  $16  and  $18  per  oz. 

3.  That  we  hereby  pledge  ourselves  to  support,  as  far  as 
practicable,  mountain  dealers  so  long  as  they  continue  to  take 
our  gold  at  its  value,  and  will  if  necessary  aid  and  assist  them  in 
procuring  goods,  and  freighting  them  from  the  States  to  the 
mountains. 

4.  That  in  case  our  mountain  supplies  should  prove  insuf- 
ficient for  our  wants,  we  will  furnish  means,  provide  teams  and 
men,  and  obtain  our  supplies  direct  from  the  States. 

5.  That  these  resolutions  are  no  idle  threat  to  intimidate, 
but  are  the  cool  deliberation  of  determined  men,  and  by  them 
we  will  abide,  and  in  their  spirit  we  will  act. 

6.  That  a  committee  be  appointed  by  this  meeting  to  take 
the  initiatory  steps  and  make  the  preliminary  arrangements  for 
making  these  resolutions  practicable  and  effective,  and  that  they 
be  requested  to  report  progress  at  our  next  meeting. 

7.  That  the  proceedings  of  this  meeting  be  published  in 
the  Rocky  Mountain  Xews. 

M.  A.  Moore, 
E.  James, 
J.   A.   Woodmancy, 
D.  C.  Vance, 

Committee. 


Messrs.  John  Mclntire,  M.  A.  Moore,  B.  F.  Chase,  Edwin 
James  and  John  Cochran  were  elected  to  compose  the  committee 
contemplated  in  the  6th  resolution. 

And  on  motion  the  meeting  adjourned  for  one  week. 

J.  A.  Woodmancy,  Sec'y.  E..  R  Cowan,  Chm'n. 


RUSSELL   DISTRICT  53 

LAWS  AND  REGULATIONS  ADOPTED  JULY  28,  1860^ 

At  a  meeting"  of  the  miners  of  Rnssell  District  held  at  the 
Recorders  Office  on  Saturday,  July  21st,  1860,  for  the  purpose 
of  amending  and  revising  the  Laws  of  said  District,  J.  T.  Place 
was,  on  motion,  elected  chairman  of  said  meeting.  On  motion 
a  committee  of  nine  were  appointed  to  examine  the  present 
Laws  and  report  to  this  meeting  such  amendments  as  they  deem 
proper,  on  Saturday,  July  28th,  1860,  at  one  o'clock,  P.  M. 
The  following  gentlemen  were  appointed  such  committee: 
Messrs.  Bntler,  Leonard,  Stafford,  Fassett,  Rogers,  Lyons, 
Shaw,  McBride  and  Koester, 

At  the  adjourned  meeting  held  on  July  28th,  1860,  Mr. 

Wm.  M.  Baker  was  elected  chairman,  E.  H.  Rogers  and  

Koester,  secretaries. 

The  committee  appointed  at  a  previous  meeting  reported 
the  following  code  of  Laws,  which  were  adopted. 

Wm.  M.  Baker,  Chairman. 

E,  H.  Rogers,  ( 

-nr      ,       )■     Secretaries. 
Koester,  \ 


Boundaries  of  Russell  District. 

Be  It  Resolved,  That  a  District  beginning  at  the  mouth 
of  Willis  Branch,  including  said  ravine,  from  thence  on  divide 
between  Clear  Creek  and  Russell  Ravine;  thence  on  summit  of 
ridge  between  Illinois  Gulch  and  Leavenworth  Gulch,  the  two 
rocky  knobs  on  the  divide  being  the  line,  extending  past  the 
mouth  of  Illinois  Gulch  to  the  Willis  Branch ;  and  that  three 
thousand  feet  on  the  North  side  of  the  ditch  from  its  mouth  to 
its  head,  shall  be  the  North-West  boundary.  Said  District  to 
be  knoAVTi  as  "Russell  District." 

'  Russell  District,  Laws  and  Regulations  of  the  Miners  of  .  .  .  with 
the,  lioumlaries,  Court  Rules,  etc.,  adopted  July  28th,  1H60.  Denver,  J.  T., 
Rocky  Mountain  News  Printing  Company,  1860.  This  was  found  among 
the  Sayre  Papers,  llie  code  was  largely  borrowed  from  the  Gregory  Dis- 
trict laws  of  February  18  and  20,  18(i0,  but  there  are  so  many  minor  differ- 
ences that  it  seemed  advisable  to  print  the  entire  code. 


54  GILPIN  COUNTY  RECORDS 

We,  the  President  and  Secretary  of  the  Convention,  held 
in  Mountain  Citj,^  certify  the  above  to  be  a  true  copy  of  the 
boundaries  of  Russell  District. 
Thomas  Doggerty,  Sec'y.  Geo.  W.  Brizee,  Pres't. 

An  Act  in  Relation  to  the  Officers  of  Russell  District^ 
Their  Duties,  Term  of  Office,  and  Fees. 

Section  1.  Be  it  enacted  by  the  citizens  of  Russell  Dis- 
trict, in  Convention  assembled,  That  there  shall  be  elected  by 
the  legal  voters  here  assembled,  a  Judge  of  the  Miners'  Court, 
a  Constable  of  the  District,  and  a  President  of  the  District, 
who,  together  with  the  Recorder  of  the  District,  shall  hold  their 
offices  till  the  first  Monday  of  June  next,  unless  they  shall 
sooner  die,  resign,  remove  from  the  District,  or  be  removed 
from  their  offices  for  misconduct,  by  the  citizens  of  the  District ; 
and  on  said  first  Monday  of  June  next,  and  annually  thereafter 
there  shall  be  an  election  held  for  the  purpose  of  electing  such 
officers ;  who,  before  entering  upon  the  duties  of  said  offices, 
shall  take  an  oath  well  and  faithfully  to  perform  the  duties 
thereof  according  to  the  best  of  their  ability.  The  Recorder 
shall  be  ex-officio  Secretary  and  Treasurer  of  said  District. 

Sec  2.  It  shall  be  the  duty  of  the  President  to  preside 
at  all  public  meeting  of  the  citizens  of  the  District  when  called 
for  purposes  relating  to  public  business,  and  to  preside  at  the 
trial  of  causes  when  required  by  law. 

Sec.  3.  It  shall  be  the  duty  of  the  Judge  of  the  Miners' 
Court,  to  preside  at  the  trial  of  causes;  also  at  public  meetings 
in  the  absence  of  the  President — and  perform  such  other  duties 
as  the  law  requires. 

Sec.  4.  It  shall  be  the  duty  of  the  Recorder  safely  to 
keep  the  Books  and  Records  of  the  District,  and  to  record  and 
file  all  proper  papers  upon  payment  of  his  fees ;  to  act  as  Secre- 
tary at  public  meetings  of  the  District,  and  to  keep  all  moneys 

'  Mountain  City,  now  parts  of  Central  City  and  Black  Hawk,  was  laid 
out  by  Captain  Richard  Sopris.  He  began  to  build  the  first  house  in  the 
town  on  May  22,  1859.  »S'ee  Bancroft  Library  MS.,  Sopris,  Settlement  of 
Denver,  p.  6. 


RUSSELL  DISTRICT  55 

paid  into  his  hands  by  the  Judge  of  the  Miners'  Court,  to  be 
paid  over  as  directed  by  the  citizens  at  some  public  meeting 
legally  called. 

Sec.  5.  The  Sheriff  of  Arapahoe  County  shall  be  vested 
with  the  same  power  by  these  laws,  he  has  under  Kansas  laws, 
but  the  Constable  of  the  District  and  his  deputies  shall  be  the 
proper  executive  officer  of  the  Miners'  Court,  and  is  hereby 
vested  with  full  power  for  that  purpose. 

Sec.  6.  The  fees  of  the  Recorder  shall  be  fifty  cents  for 
recording  each  mining  claim  and  deed  containing  less  than  one 
hundred  words,  and  one  dollar  for  those  containing  over  that 
number  and  at  the  rate  of  fifty  cents  per  hundred  words  for  all 
other  papers  recorded,  and  such  other  fees  for  District  business 
as  the  citizens  shall  allow.  The  Constable  may  charge  one  dol- 
lar for  the  service  of  writs  or  papers  which  he  may  be  required 
to  serve,  and  twenty-five  cents  per  mile  for  all  travel  necessary 
in  such  service,  and  twenty  per  cent  on  all  sums  under  fifty 
dollars ;  ten  per  cent  on  all  sums  over  fifty  and  under  three  hun- 
dred dollars ;  and  six  per  cent  on  all  sums  over  that  sum  w'hich 
he  shall  collect  by  sale  of  property  on  execution ;  and  shall  be 
required  by  the  Judge  to  give  suitable  security  for  all  process 
placed  in  his  hands.  The  Judge  of  the  Miners'  Court  shall  keep 
a  regular  docket  of  all  proceedings  had  before  him ;  shall  be 
allowed  five  dollars  for  presiding  at  each  trial — which  shall  be 
paid  to  the  President  when  he  shall  preside — and  be  allowed  at 
the  rate  of  twenty-five  cents  per  hundred  words  for  making  out 
the  proper  papers  for  him  to  make  out,  except  writs  for  original 
service  in  suits,  and  final  judgment  and  execution;  for  each  of 
which  he  shall  be  entitled  to  one  dollar. 

Sec.  7.  Every  person  of  suitable  age  who  actually  re- 
sides in  this  District,  is  hereby  declared  to  be  a  voter  therein. 

EsTABLisiiiNf;  A  Miners'  Court  and  Regulating 
Its  Jurisdiction. 

Sec.  8.  A  regular  term  of  Court,  to  be  known  as  the 
Miners'  Court,  shall  Ix^  held  in  this  District,  in  some  convenient 
and  proper  place,  upon  Thursday  of  each  week,  at  nine  o'clock, 


56  GILPIN  COUNTY  RECORDS 

A.M. ;  and  all  writs  to  be  made  returnable  at  said  term,  shall 
be  served  before  the  Tuesday  next  preceding.  If  not  so  served 
they  shall  be  returnable  at  the  second  term  after  service.  Noth- 
ing- herein  shall  be  so  construed  as  to  prevent  the  trial  of  crimi- 
nals at  any  time. 

Sec.  9.  The  officers  of  said  Court  shall  be  the  Judge, 
Clerk,  Sheriff  of  Arapahoe  County,  and  his  deputies.  Constable 
of  the  District,  and  his  deputies,  and  the  Attorneys  of  said 
Court,  regularly  admitted  as  such. 

Sec.  10.  It  shall  be  the  duty  of  the  Court  to  sign  all 
writs  issuing  out  of  said  Court,  by  himself  or  his  Clerk ;  to 
make  all  transcripts  of  judgments  required,  on  payment  of  his 
fees ;  to  enter  judgments  and  issue  executions,  and  pay  over  to 
the  proper  parties  moneys  collected  on  such  judgments  and  exe- 
cutions ;  to  try  all  criminals,  and  pay  over  to  the  Treasurer  all 
moneys  he  may  receive  for  the  District  for  fines  and  judgments, 
and  perform  such  other  duties  as  necessarily  appertain  to  his 
office. 

Sec.  11.  If  the  Judge  of  said  Court  shall  not  be  able  to 
attend  any  trial,  or  shall  be  disqualified  from  any  cause  to  try- 
any  suit,  or  if  there  shall  be  more  business  than  the  Court  can 
attend  to,  or  if  any  person  shall  make  his  affidavit,  in  writing, 
that  he  does  not  believe  he  can  have  a  fair  and  impartial  trial 
before  the  said  Judge  of  said  Court,  or  if  the  said  Court  shall 
be  interested  in  the  event  of  any  suit,  either  as  plaintiff  or  de- 
fendant, or  with  either  of  them  in  any  manner,  the  President  of 
the  District  shall  preside  in  the  Miners'  Court  at  such  trial. 

Sec.  12.  The  Miners'  Court  shall  have  equity  as  well  as 
law  jurisdiction,  and  may  grant  writs  of  injunction  in  all 
proper  cases,  and  all  other  motions  upon  proper  cause  shown, 
to  be  supported  by  affidavits  alone,  and  do  all  such  other  acts  as 
a  Court  of  Equity  has  power  to  do. 

Sec.  13.  The  Miners'  Court  shall  have  power  to  fine  for 
contempts,  in  a  sum  not  exceeding  fifty  dollars,  and  may  issue 
execution  thereon,  the  same  as  upon  a  judgment. 

Sec.  14.     The  said  Court  shall  have  power  to  appoint  its 


RUSSELL   DISTRICT  57 

own  Clerk  whenever  it  shall  be  necessary,  and  such  Clerk  shall 
have  the  usual  jjowers  of  Clerks  of  Courts  of  Record. 

Sec.  15.  The  Jury  for  each  term  of  Court  shall  be 
drawn  upon  the  Monday  next  preceding  each  tenn,  in  the  fol- 
lowing manner:  The  Constable  or  his  deputy,  shall  place  the 
names  of  not  less  than  fifty-four  men,  who  shall  be  voters  of  the 
District,  in  a  box  prepared  for  the  purpose,  and  the  Judge  or 
Clerk  of  the  Court  shall  draw  therefrom  the  names  of  eighteen 
men,  who  shall  be  summoned  to  act  as  Jurors  for  the  next  suc- 
ceeding term  of  Court.  When  necessary,  the  Constable  may 
summon  tallymen,  but  no  person  shall  be  compelled  to  serve  as 
Juror  for  two  successive  terms  of  Court. 

In  Relation  to  Pkactice. 

Sec.  16.  If  any  person  shall  wish  to  commence  a  civil 
action  in  the  Miners'  Court  of  this  District,  he  shall  file  with 
the  Judge  or  Clerk  thereof,  a  statement  in  writing  setting  forth 
his  grounds  of  complaint,  which  shall  contain  all  the  allegations 
and  facts  necessary  to  constitute  a  cause  of  action,  in  plain  and 
unequivocal  language.  Such  statement  shall  be  called  a  peti- 
tion, and  no  pleadings  shall  be  void  on  account  of  form.  And 
upon  the  filing  thereof,  the  Court  or  Clerk  thereof,  shall  issue  a 
writ  of  summons,  to  be  serv^ed  upon  the  defendant,  to  appear 
and  answer  to  the  same  at  the  time  therein  named,  or  judginent 
will  be  taken  against  the  defendant  by  default.  If  the  relief 
demanded  be  for  a  sum  of  money,  the  amount  shall  be  stated  in 
the  summons ;  if  for  a  sum  of  money  and  other  relief,  the  sum- 
mons shall  state  in  substance,  that  if  the  defendant  do  not  ap- 
pear and  answer  at  the  time  therein  named,  judgment  will  be 
taken  against  him  by  default,  for  the  svim  of  money  demanded, 
and  such  other  relief  as  to  the  Court  may  seem  meet.  If  the 
remedy  applied  for  shall  not  be  for  any  sum  of  money,  the  sum- 
mons shall  ask  judgiiiont  for  tlie  relief  demanded  in  the  peti- 
tion. 

Sec.  17.  Tlic  defendant  may  at  any  time  before  the  time 
of  trial  of  any  case  at  law,  entered  in  the  Miners'  Court,  file  his 
answer  or  demurrer — upon  either  of  which  tlie  plaintiff  may  join 


58  GILPIN  COUNTY  RECORDS 

issue ;  and  if  an  answer  be  filed  containing  new  matter,  irrele- 
vant to  the  issue,  it  must  be  denied  or  avoided  by  the  plaintiff 
in  his  reply ;  and  all  matters  not  denied  or  avoided  by  one  plead- 
ing subsequent  to  another,  shall  be  taken  as  confessed  and  true. 

Sec.  18.  All  pleadings  subsequent  to  the  petition  in 
Equity  shall  be  the  same  as  used  in  the  United  States  Courts  in 
Equity,  and  the  term  of  three  days  shall  be  granted  for  the  fil- 
ing of  each  pleading  subsequent  to  another  until  the  issue  be 
made  up. 

Sec.  19.  All  pleas  in  Equity  shall  be  verified,  and  no 
remedy  in  Equity  shall  be  allowed  where  the  same  can  be  had  at 
law. 

Sec.  20.  In  all  cases  of  foreclosure  of  mortgage  or  lien 
of  any  kind  upon  a  claim  or  other  property,  the  equity  of  re- 
demption shall  not  extend  beyond  thirty  days. 

Sec.  21.  In  cases  of  judgment  for  partition  of  claims 
between  joint  owners,  three  disinterested  commissioners  shall  be 
appointed  by  the  Court,  who  shall  effect  such  partition. 

Sec.  22.  The  rules  of  evidence  as  admitted  in  the  Courts 
of  the  United  States  shall  be  observed  in  the  Miners'  Court, 
with  the  exception  that  either  party  may  be  allowed  to  testify 
in  open  Court  to  any  facts  which  they  are  unable  to  prove  by 
any  other  witnesses. 

Sec.  23.  Depositions  may  be  used  in  this  Court  in  evi- 
dence, provided  the  witness  is  sick  or  unable  to  attend  the  place 
of  trial ;  about  to  leave  the  country,  or  is  out  of  the  jurisdiction 
of  the  Court.  If  to  be  taken  in  the  County  of  Arapahoe,  notice 
shall  be  given  to  the  adverse  party  of  the  time  and  place  where 
the  said  deposition  is  to  be  taken;  if  out  of  the  County,  no 
notice  need  be  given. 

Sec.  24.  No  cause  shall  be  continued  unless  upon  affi- 
davit of  a  party,  or  his  Attorney,  of  the  absence  of  a  material 
witness,  whose  evidence  is  material  to  the  issue,  as  he  verily  be- 
lieves, and  that  the  said  party  cannot  safely  proceed  to  trial 
without  the  evidence  of  said  witness,  which  he  believes  he  can 
procure  at  some  future  time,  which  he  shall  state,  or  for  some 
other  good  and  sufficient  cause. 


RUSSELL  DISTRICT  59 

Sec.  25.  In  all  cases  of  replevin  and  attachment,  the 
practice  prescribed  bj  the  laws  of  Kansas  shall  be  observed ;  and 
when  in  case  of  attachment  the  defendant  has  left  the  country, 
or  keeps  himself  secreted  within  the  same,  so  that  process  can- 
not be  served  upon  him,  publication  by  posting  six  notices  in  as 
many  conspicuous  places  in  said  District  for  ten  days,  shall  be 
deemed  sufficient  notice.  The  order  of  publication  shall  not  be 
granted  unless  a  summons  has  been  returned  by  a  proper  officer, 
which  shall  show-  that  he  has  made  diligent  search  and  inquiry, 
and  cannot  learn  that  the  defendant  is  in  the  District,  or  that 
he  cannot  find  the  defendant,  and  believes  he  keeps  himself  se- 
creted to  avoid  the  sen'ice  of  a  summons,  together  with  other 
evidence  tending  to  make  either  of  said  facts  appear. 

Sec.  26.  Garnishee  process  may  issue  as  part  of  the  orig- 
inal writ,  to  be  served  on  both  defendant  and  garnishee,  or  sepa- 
rately ;  or  it  may  issue  after  execution  is  returned  unsatisfied ; 
and  in  either  case,  if  the  garnishee  shall  pay  the  demand  over 
to  the  defendant  after  legal  notice,  he  shall  still  be  held  liable,  to 
the  amount  of  the  plaintiff's  judgment  and  costs — if  he  was  in- 
debted to  that  amount  when  service  was  made — and  if  in  a 
smaller  sum,  the  amount  he  w^as  indebted  at  the  time  notice  was 
served. 

Sec.  27.  All  special  proceedings  shall  be  conducted  as 
prescribed  by  the  Judge  of  the  Miners'  Court,  and  all  motions 
relating  to  such  proceedings  shall  be  sustained  or  approved  by 
affidavits  alone. 

Sec.  28.  New  trials  of  all  causes  which  may  be  tried, 
shall  be  granted  in  accordance  with  the  rules  of  the  common 
law;  and  it  shall  be  discretionary  with  the  Court  in  all  cases  to 
grant  or  reject  the  application. 

Sec,  29.  No  debt  or  demand  of  any  nature  shall  be  col- 
lected by  suit  in  this  court  which  has  not  originated  either  in 
coming  to  this  mining  region  or  since  the  arrival  of  such  debtor 
therein. 

Sec.  30.  In  all  cases  where  the  liability  of  persons  in 
action  founded  upon  contracts  or  in  mixed  actions  is  not  pointed 


60  GILPIN  COUNTY  RECOEDS 

out,  and  defined  by  the  laws  of  this  District,  the  common  law 
rules  shall  apply  as  to  such  liability. 

Tkial  and  its  Incidents. 

Sec.  31.  In  all  cases  where  a  civil  action  is  hereafter 
commenced  in  the  Miners'  Court,  the  plaintiff  shall  file  a  bond, 
with  good  and  sufficient  sureties,  conditioned  to  pay  all  costs 
which  may  be  taxed  against  him  in  case  he  should  fail  to  re- 
cover judgment  in  said  suit,  or  in  lieu  thereof  shall  deposit  with 
the  Court  a  sum  of  money  which  the  Court  shall  fix  as  surety 
for  such  costs. 

Sec.  32.  In  case  the  costs  cannot  be  collected  against  any 
defendant,  wherein  tlie  plaintiff  shall  recover  judgment,  the 
said  plaintiff  shall  be  held  responsible  for  all  costs  he  shall  make 
in  said  suit. 

Sec.  33.  Upon  the  return  day  of  the  summons,  if  either 
party  shall  call  for  a  jury,  he  shall  advance  the  fees,  at  the  rate 
of  one  and  a  half  dollars  for  each  juror  w^ho  shall  try  the  case; 
and  in  case  he  prevail  in  the  suit,  the  fees  so  advanced  shall  be 
taxed  against  the  adverse  party ;  but  in  ease  no  jury  is  called 
for,  the  cause  shall  be  tried  by  the  Court. 

Sjec.  34.  When  a  jury  is  called  for,  the  Court  or  Clerk 
shall  call  the  list  of  jurors  summoned,  and  each  party  shall  al- 
ternately strike  one  from  the  list  until  the  number  is  reduced 
to  six,  which  jury  shall  then  proceed  to  try  the  case. 

Sec.  35.  If  any  person  shall  enter  an  appeal  from  a  deci- 
sion, he  shall  give  notice  thereof  upon  the  same  day  that  the 
verdict  was  rendered,  either  by  giving  notice  in  the  open  Court 
or  by  procuring  the  same  to  be  entered  upon  the  docket  of  the 
Court,  and  shall  perfect  his  appeal  within  ten  days,  by  paying 
up  all  costs  already  accrued,  giving  security  for  future  costs, 
and  paying  into  Court  the  sum  of  fifteen  dollars,  which  shall 
be  equally  divided  between  the  Judges  of  the  Court  of  Appeals. 

Sec.  36.  The  Court  of  Appeals  shall  consist  of  the 
Judge  of  the  Miners'  Court,  the  President  of  the  District,  who 
shall  be  the  presiding  Judge,  and  the  Recorder.  Said  Court 
shall  sit  at  such  times  and  places  as  the  presiding  Judge  shall 


RUSSELL   DISTRICT  01 

direct ;  but  every  case  of  appeal  shall  be  set  for  trial  within  ten 
days  from  the  time  the  appeal  shall  be  taken,  and  the  decision 
of  such  Court  shall  be  tinal.  If  either  of  said  Judges  are  in 
any  way  interested  in  the  event  of  any  suit,  they  shall  be  dis- 
qualified from  trying  the  same ;  and  the  remaining  Judge  or 
Judges  with  the  consent  of  parties,  shall  proceed  to  try  said 
cause ;  and  in  case  they  do  not  consent,  said  Judge  or  Judges 
shall  select  some  competent  person  or  persons  to  sit  with  him  or 
them,  and  hear  and  decide  the  cause. 

Sec.  37.  Parties  shall  have  the  right  of  trial  by  jury  in 
equity  as  well  as  law^  cases ;  and  in  such  cases  the  jury  may  ren- 
der special  verdicts,  upon  which  the  Court  may  enter  judgment 
and  issue  its  decree  or  order. 

Sec."  38.  A  juror  may  be  challenged  for  favor,  for  cause 
shown  by  his  own  evidence  or  that  of  others ;  and  each  party 
shall  have  the  right  to  three  peremptory  challenges,  which  chal- 
lenges shall  be  made  first. 

Sec.  39.  The  defeated  party  shall  in  all  cases  be  liable 
for  costs  of  suit. 

Sec.  40.  All  executions  issuing  out  of  the  Miners'  Court, 
shall  be  made  returnable  in  twenty  days  from  date;  and  the 
Constable  shall  note  on  each  execution  the  day  he  received  the 
same,  and  return  said  execution  within  the  said  twenty  days, 
whether  satisfied  or  not,  with  his  proper  return  endorsed 
thereon. 

Sec.  41.  All  Judgments  shall  be  a  lien  upon  the  prop- 
erty of  the  judgment  debtor  from  the  first  day  of  the  term  at 
which  such  judgment  w-as  rendered. 

Sec.  42.  All  Attorneys  who  practice  in  this  Court  shall 
take  and  subscribe  the  following  oath:  "You  do  solemnly 
swear,  in  the  presence  of  Almighty  God,  tliat  you  will  support 
the  Constitution  of  the  United  States,  and  the  laws  of  this  Dis- 
trict, and  that  you  will  faithfully  and  honestly  ])erform  the  du- 
ties of  Attorney,  according  to  the  best  of  your  ability." 

Levy  and  Sale  upon  Execution. 
Sec.  48,     There  shall  bo  exempt  from  levy  and  sale  upon 


62  GILPIN  COUNTY  RECOEDS 

execution,  all  tools  iiecesarv  for  one  person  to  mine  with,  all 
clothine;,  cookine;  utensils  and  beddinff  necessary  for  the  debtor 
and  his  family,  and  necessary  provisions  for  three  months ;  and 
if  he  have  a  family  here,  a  dwelling  house  and  lot  not  exceeding 
five  hundred  dollars  in  value ;  such  articles  of  household  furni- 
ture as  are  strictly  necessary,  together  with  a  family  Bible,  pic- 
tures, and  relics. 

Sec.  44.  All  property  taken  in  execution  shall  be  posted 
in  three  conspicuous  places  in  the  District,  for  the  ten  days 
next  preceding  the  sale  thereof;  and  the  Constable  may  adjourn 
the  sale  at  any  time  when  it  appears  that  the  property  posted 
cannot  be  sold  unless  at  a  great  sacrifice,  for  want  of  bidders. 

Sec.  45.  Money  collected  on  execution  shall  be  paid  into 
the  hands  of  the  Court  by  the  Constable,  to  satisfy  the  judgment 
in  whole  or  in  part,  that  may  be  recorded  on  his  books,  and  the 
Court  shall  pay  the  same  to  the  proper  parties  or  their  Attor- 
neys. 

Crimes  axd  Kuisaxces. 

Sec.  46.  All  crimes  committed  in  this  District  shall  be 
punished  as  a  jury  of  twelve  men  shall  direct. 

Sec.  47.  Any  person  who  shall  cause  any  nuisance  affect- 
ing the  health  of  the  people  of  this  District,  or  liable  to  affect 
the  health  of  the  people  of  this  District,  may  be  sued  for  the 
same  in  the  Miners'  Court  in  the  name  of  ''Russell  District  vs. 
the  Defendant ;"  who  shall  be  liable,  on  conviction,  to  pay  dam- 
ages in  the  sum  not  exceeding  one  hundred  dollars  and  costs  of 
suit,  for  the  use  of  said  District. 

Sec.  48.  If  any  person  shall  obstruct  any  highway,  or 
make  any  pit  or  hole  and  leave  it  open  so  as  to  endanger  life  or 
limb,  upon  any  usually  traveled  road  or  trail,  such  person  may 
be  sued  as  aforesaid,  for  committing  a  nuisance,  and  be  liable 
to  said  District  in  damages,  as  provided  in  section  forty-seven, 
with  costs  of  suit. 

Sec.  49.  Every  act  of  commission  or  omission,  which 
may  affect  the  public  health  or  convenience,  shall  be  regarded  as 


RUSSELL  DISTRICT  63 

a  imisance ;  and  the  person  or  persons  causing  the  same  shall  be 
liable  accordingly. 

Sec.  50.  After  any  conviction  for  nnisance  in  said  Min- 
ers' Court,  if  the  said  nuisance  is  allowed  to  remain  for  tweuv- 
four  hours  thereafter,  the  person  or  persons  who  caused  the 
same,  and  whose  duty  it  should  have  been  to  remove  it,  shall  be 
again  liable  in  damages,  and  shall  also  be  liable  for  each  and 
every  twenty-four  hours  after  a  conviction,  as  hereinbefore  pro- 
vided in  this  act. 

Sec.  51.  Executions  for  nuisances  and  crimes  shall  issue 
in  all  cases  as  hereinbefore  specified,  in  the  name  of  the  Dis- 
trict, the  same  as  in  any  other  suit  at  law. 

Sec.  52.  The  Judge  of  the  Miners'  Court  shall  pay  over 
each  week  to  the  Treasurer  of  the  District,  all  moneys  he  may 
collect  from  judgments  in  favor  of  the  District,  contempts  of 
Court,  and  fines  of  every  kind ;  and  the  Treasurer  shall  not  pay 
the  same  out  to  any  person,  unless  upon  the  order  of  the  Presi- 
dent and  Judge  of  the  Miners'  Court;  and  said  President  and 
Judge  shall  have  power  to  order  the  payment  of  said  funds  for 
public  or  charitable  purposes. 

Sec.  53.  Any  person  who  shall  wnlfully  or  maliciously 
set  out  any  fire  in  this  District,  or  without  this  District  so  that 
it  shall  come  into  this  District,  and  destroy  any  timber  or  prop- 
erty, shall  be  guilty  of  a  misdemeanor;  and  on  conviction 
thereof,  shall  be  punished  as  the  Court  may  direct.  Nothing 
herein  shall  be  construed  so  as  to  invalidate  the  civil  rights  of 
parties. 

Sec.  54.  It  is  also  declared  to  be  a  misdemeanor  to  peel 
any  living  timber  for  the  sake  of  the  bark,  in  this  District,  and 
may  be  punished  as  aforesaid. 

Sec.  55.  The  Judge  of  the  Miners'  Court  and  the  Presi- 
dent of  the  District  shall,  before  they  enter  upon  the  duties  of 
their  offices,  give  bonds  to  the  District  in  the  sum  of  one  thou- 
sand dollars,  to  be  approved  by  the  Recorder  of  the  District; 
and  said  bonds  shall  be  safely  kept  by  the  Recorder  for  the  use 
of  the  District.  And  the  Recorder  shall,  as  soon  as  practicable 
— and  his  successor — before  entering  upon   the  duties  of  his 


64  GILPIN  COUNTY  RECORDS 

office,  give  bonds  to  the  District  in  the  sum  of  one  thousand  dol- 
lars, to  be  approved  by  the  Judge  of  the  Miners'  Court  and 
President  of  the  District ;  and  said  bond  shall  be  filed  with  the 
Judge  of  the  Miners'  Court. 

Sec.  56.  The  President  of  the  District,  or  in  his  absence 
the  Judge  of  the  Miners'  Court,  shall  have  power  to  call  a  min- 
ers' meeting,  whenever  petitioned  in  writing  by  fifty  miners; 
and  said  petition  shall  specify  for  what  purpose  the  meeting  is 
desired.  It  shall  be  called  by  posting  six  notices,  in  as  many 
conspicuous  places,  in  said  District,  at  least  three  days  before 
the  time  of  the  meeting;  and  no  meeting  shall  take  action  on 
any  subject  of  general  importance,  unless  such  subject  be  speci- 
fied in  such  petition. 

Probate  Jukisdictioin'. 

Sec.  57.  The  Judge  of  the  Miners'  Court  shall  also  have 
Probate  jurisdiction,  and  shall  proceed,  as  far  as  practicable, 
according;  to  the  Probate  laws  of  Kansas. 

Watek  Companies. 

Sec.  58.  When  water  companies  are  engaged  in  bringing 
water  into  any  portion  of  the  mines,  they  shall  have  the  right 
of  way  secured  to  them,  and  may  pass  over  any  claim,  road  or 
ditch,  provided  the  water  shall  be  so  guarded  as  not  to  interfere 
with  any  vested  right. 

Cutting  Timber. 

Sec.  59.  ISTo  person  shall  be  allowed  to  cut  and  carry  out 
of  the  District,  logs  or  timber  of  any  kind,  except  sawed  lum- 
ber; and  any  person  violating  the  spirit  of  this  act,  shall  he 
adjudged  giiilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  punished  by  a  fine  not  exceeding  one  hundred  dollars ; 
such  fine  to  be  collected  in  the  same  manner  as  other  judgments. 

Boundaries  of  District. 

Sec.  60.  The  boundaries  of  this  District  shall  remain  as 
fixed  by  the  Convention,  held  at  Mountain  City  last  March,  un- 


RUSSELL  DISTRICT  65 

til  changed  by  a  vote  of  two-thirds  of  the  voters  of  the  District 
at  some  public  meeting  legally  called,  or  until  changed  by  a 
Convention  of  Delegates  from  this  and  the  adjoining  Districts. 

Defixixg  Claims. 

Sec.  61.  All  miners  may  hold  one  gulch  claim,  one  quartz 
or  lode  claim  on  each  lode  discovered,  one  side  and  patch  claim, 
by  pre-emption,  without  any  restrictions  in  regard  to  working 
the  same;  and  if  purchased,  there  shall  be  no  restrictions,  pro- 
vided said  purchase  or  purchases  are  in  good  faith,  and  a  fair 
compensation  is  paid  for  the  same,  and  title  thereto  shall  l>e  as 
good  and  as  sacred  as  title  to  real  estate  in  the  States. 

Sec.  62.  A  gulch  claim  is  understood  to  be  one  hundred 
feet  up  and  down  the  center  of  the  giilch,  and  from  bank  to 
bank.  A  lode  claim  shall  be  twenty-five  feet  on  either  side  of 
the  stakes  of  the  claimant,  and  one  hundred  feet  running  on  a 
line  of  the  stakes,  provided  that  the  claimant  shall  have  twenty- 
five  days  to  develop  his  crevice,  and  to  rectify  his  stakes  from 
the  day  of  staking.  A  patch  and  a  side  claim  shall  be  one 
hundred  feet  square;  and  in  all  eases,  pre-emptors  shall  be  re- 
quired to  plainly  define  their  boundaries.  In  staking  claims, 
parties  shall  state  thereon  their  names,  the  date  of  staking,  and 
if  a  lode,  the  name  thereof,  and  number  and  direction ;  and 
in  other  cases  what  they  claim. 

Sec.  63.  A  mining  claim,  which  is  actually  such  a  claim 
as  descril)ed  on  the  record,  shall  hereafter  hold  all  mines  within 
its  limits  or  boundaries.  When  lodes  cross  each  other,  the  one 
first  discovered  shall  have  the  right  to  work  out  the  crevice 
through  the  cross  lode;  and  the  person  discovering  a  cross  lode 
shall  only  work  the  same  up  to  the  first  discovered  crevice ;  but 
priority  of  claims  shall  in  all  cases  be  respected. 

Sec.  64.  Building  lots  shall  not  exceed  one  hundred  feet 
front  by  two  hundred  in  depth,  and  may  be  pre-empted  in  more 
than  one  parcel  to  suit  the  claimant.  Mill  sites  shall  be  two 
hundred  feet  square.  Mining  claims  shall  take  precedence  of 
all  others,  provided  they  are  first  recorded.  No  other  claims 
shall  interfere  with  said  mining  claims  without  the  consent  of 


66  GILPIN  COUNTY  RECORDS 

the  parties  holding  such  claims.  If  building  claim  is  the  first 
on  record,  the  mining  shall  be  done  in  sneh  a  manner  as  not  to 
injure  the  building  thereon. 

Sec.  65.  Agricultural  claims  shall  not  interfere  with 
mining  claims. 

Discovery  Claims. 

Sec.  66,  Any  person  who  shall  develop  a  lode,  shall  be 
entitled  to  two  hundred  feet  thereon  as  a  discovery  claim,  and 
shall  be  required  to  set  a  post  on  his  claim,  designating  the  name 
and  direction  of  the  lode  and  that  it  is  the  discovery  claim ;  also, 
he  shall  develop  the  crevice. 

Sec.  67.  Females  shall  have  the  same  rights  as  males. 
Youths  under  the  age  of  ten  years  shall  not  be  allowed  to  hold 
claims. 

Sec.   68.     ISTo  timber  claims  are  allowed. 

Records. 

Sec.  69,  The  Recorder  shall  provide  suitable  books  for 
his  office,  in  which  he  shall  record  all  claims,  deeds,  and  other 
papers  and  documents  proper  to  be  recorded,  upon  payment  of 
his  fees ;  and  shall  also  file  and  safely  keep  all  documents  which 
are  proper  to  be  so  filed,  upon  payment  of  his  fees;  but  it  shall 
not  be  his  duty  to  prepare  any  papers  whatever  for  record. 
Claims  shall  be  fully  described  in  writing,  stating  the  time  of 
staking,  the  purpose  for  which  claimed,  and  the  names  of  all 
persons  claiming  interest  therein,  and  the  most  natural  marks 
or  boundaries,  together  with  such  other  things  as  shall  be  neces- 
sary to  a  full  description.  Each  paper  presented  for  record 
shall  be  filed  therefor  with  an  endorsement,  stating  the  exact 
time  it  was  received,  and  shall  be  recorded  in  the  order  received ; 
and  after  being  recorded,  the  book  and  page  on  which  it  is  re- 
corded shall  be  endorsed  thereon.  Each  deed  shall  be  filed  for 
record  within  five  days  after  its  execution,  and  shall  be  attested 
by  at  least  two  disinterested  witnesses.  Said  records  shall  at 
all  proper  times  be  open  to  the  examination  of  all  persons.  The 
Recorder  shall  not  keep  his  office  open  on  Sunday,  nor  receive 


RUSSELL   DISTRICT  67 

any  papers  for  record  thereon,  and  no  record  or  filing  thereon 
shall  be  valid.  All  claims  shall  be  filed  for  record  within  six 
davs  from  the  staking  thereof. 

Tunnels. 

Sec.  70.  Any  person  or  persons  driving  a  tnnnell  in  said 
District,  shall  be  entitled  to  fonr  hnndred  feet  in  length  and 
three  hundred  feet  in  width,  as  surface  claim  at  the  mouth  of 
said  tnnnell  for  tnnnell  deposits ;  and  to  eight  hnndred  feet  on 
each  and  every  lead  from  the  month  to  the  terminus  of  said  tun- 
nell,  and  at  any  place  on  said  leads  not  interfering  with  previ- 
ous claimants.  It  shall  be  the  duty  of  all  persons  driving  tun- 
nells  to  post  notices,  giving  their  terminus  and  direction,  at  the 
mouths  of  their  tunnells.  The  location  of  all  tunnells,  together 
with  their  direction  and  terminus,  shall  be  recorded.  When 
tunnels  are  legally  located,  it  shall  be  considered  that  the  tnn- 
nell company  shall  have  the  priority  of  right  to  locate  their 
claims  within  a  distance  of  four  hundred  feet,  on  each  side  of 
the  line  of  their  tnnnell,  on  all  leads  from  its  mouth  to  its  termi- 
nus, or  on  such  portion  of  the  tnnnell  as  may  be  in  this  District. 
If  the  person  or  persons  locating  a  tnnnell,  shall  fail  to  work 
the  same  for  twenty  consecutive  days,  after  the  first  day  of  July 
next,  they  shall  forfeit  their  claims  to  said  tnnnell,  but  not  to 
the  claims  they  have  discovered  and  held  by  virtue  of  discovery 
before  the  time  of  forfeiture. 

Miscellaneous. 

Sec.  71.  Xo  miner  shall  obstruct  in  any  way  the  water 
running  in  Rnssell  Ravine  or  tributaries,  Ixitween  the  hours  of 
six  o'clock,  A.  M.,  and  six  o'clock,  P.  M. 

Sec.  72.  Every  miner  shall  have  the  right  to  open  a 
ditch  through  tlie  claims  below  his  own  for  tlie  puqoose  of  drain- 
ing his  claim;  and  each  miner  shall  be  required  to  cut  a  ditch 
through  his  own  claim  if  he  be  benefitted  thereby.  No  man 
shall  obstruct  the  water  to  the  injnry  of  his  neighbor,  above  or 
l>elow,  as  is  the  custom  of  mining  countries. 


68  GILPIN  COUNTY  RECORDS 

Sec.  73.  Witnesses  shall  be  entitled  to  receive  one  and  a 
half  dollars  at  the  time  they  are  summoned,  if  they  demand  it ; 
and  the  same  sum  for  each  day's  attendance  after  the  first. 

Sec.  74.  Any  officer  resigning  or  removing  from  the  Dis- 
trict, shall  be  required  to  deposit  all  the  books,  papers,  money, 
&c.,  &e.,  with  the  remaining  officer  or  officers  of  the  District; 
which  officer  or  officers  shall  immediately  call  an  election  for 
filling  such  vacancy. 

Sec.  75.  These  laws  shall  take  effect  from  and  after 
their  adoption,  and  shall  not  be  altered  or  amended  without  the 
authority  or  sanction  of  two-thirds  of  the  voters  at  any  meeting 
which  may  be  legally  called  for  that  purpose. 

I  Hereby  Certify  the  foregoing  to  be  a  true  copy  of  the 

laws  adopted  at  a  miners'  meeting,  held  in  Kussell  District,  on 

Saturday,  July  28th,  1860 ;  a  copy  of  which  is  filed  in  my  office. 

C.  S.  Fassett,  Secretary  of  Eussell  District. 


BAY  STATE  DISTRICT; 


LAWS,  RESOLUTIOJ^^S  AND  MINUTES. 

The  following  laws  were  adopted  by  the  Miners  at  a  regu- 
lar meeting  held  in  and  for  the  Bay  State  Mining  District  on 
Thursday  the  19  th  day  of  July  AD.  1859 

A.  N.  Parson  Secretary 

Laws  and  Regulations  of  the  Bay  State  ^Iining  District. 

Section  1st 

This  District  shall  commence  at  the  mouth  of  the  North 
Fork  of  Clear  Creek  and  extend  up  the  same  to  the  mouth  of  the 
Russell  Gulch  so  called,  and  be  kno^^^l  and  called  by  the  name 
of  the  Bay  State  Mining  District  including  the  tributaries  of 
said  Creek 

Section  2d 

Each  Mining  Claim  shall  consist  of  one  hundred  feet  run- 
ning parallel  with  the  Creek  and  extend  from  Hill  to  Hill  on'' 
either  side     [Amended  to  read  Gnlch  instead  of  Mining,]  ^ 

Section  3d 
No  person  shall  be  allowed  to  hold  more  than  one  Claim 
by  right  of  Discovery  or  what  is  more  generally  called  taken  by 
prospecting,  but  any  person  or  persons  buying  a  claim  or  Claims 
shall  be  entitled  to  hold  the  Claims  so  bought 

Section  4th 
Any  person  taking  a  Claim  and  posting  up  a  Notice  with 
Name  and  date  shall  be  allowed  to  hold  the  same  for  six  days 
without  risk  of  forfeiture     [Amended  to  hold  10  days  by  re- 
cording.] 

Section  5th 
Any  person  taking  a  Claim  and  commencing  work  on  the 

'  Bay  State  District,  Book  A. 

'  In  the  manuscript  the  amendments  were  in  the  margins  opposite  the 
amended  sections. 

69 


70  GILPIN  COUNTY  RECORDS 

same  and  then  leaving  the  Claim  with  Tools  or  other  Goods  on 
the  Claim  shall  be  entitled  to  hold  the  same  ten  days  without 
risk  of  forfeiture. 

Section  6th 
Any  person  or  persons  owning  or  holding  Mining  Claims 
in  this  District  shall  be  allowed  to  leave  the  same  on  and  after 
the  23d  day  of  July  A.D.  1859  and  return  to  them  or  send  their 
leagle  representative  on  or  before  the  15th  of  June  A  D  1860 
[Amended  to  read  to  1860  instead  of  1859,  and  1861  instead  of 
1860;  repealed  February  5th  A  D  1861  Section  27.] 

Section  7th 

No  person  or  persons,  at  any  regular  or  Special  Meeting 
concerning  the  mining  interest  of  this  District  shall  be  allowed 
to  vote  unless  they  own  or  hold  Claims  in  this  District  [Sec  7 
amended  so  as  to  read  that  all  Citizens  are  entitled  to  vote  in 
said  District  pas  February  5th  1861  Section  28  H  L  Graham 
Recorder] 

Section  8th 

All  disputes  in  regard  to  mining  claims  or  mining  interests 
shall  be  settled  by  Arbitrators  chosen  by  the  parties  or  by  the 
Miners  at  any  regular  or  special  meeting. 

Section  9 

There  shall  be  a  President  and  one  or  more  Vice  Presi- 
dents appointed  who  shall  preside  at  all  regular  meetings,  and 
in  the  absence  of  the  President  any  of  the  Vice  Presidents  shall 
preside 

Section  10th 

There  shall  be  a  Secredary  appointed  whose  duty  it  shall 
be  to  be  present  at  all  regular  meetings  and  who  shall  have  the 
custody  of  all  Books  and  Papers  belonging  to  or  appertaining 
to  the  Miners  of  this  District  [Repealed  and  duties  imposed 
upon  the  Recorder] 

Section  11th 

There  shall  be  a  Recorder  appointed  whos  duty  it  shall  be 
to  record  all  mining  Claims  when  applied  to  for  that  purpose 
and  to  give  a  certificate  of  the  same,  and  for  Recording  and  giv- 


BAY  STATE   DISTRICT  71 

ing  such  certificate  the  Recorder  shall  be  allowed  fifty  cents  for 
each  and  every  Claim 

Section  12th 
Every  person  or  persons  having  a  Claim  or  Claims  re- 
oorded  shall  describe  the  same  as  lying  on  the  IS^orth  fork  of 
Clear  Creek  within  the  Bay  State  Mining  District  and  Bounded 
by  the  Claims  above  and  below  by  giving  the  names  of  the  own- 
ers of  the  same  and  when  two  or  more  Claims  are  taken  together 
they  shall  be  numbered  from  one  upwards  by  commencing  at 
the  lowest  claim  on  the  Creek 

Section  13th 
Where  two  or  more  persons  are  desirus  of  working  together 
for  convenience  or  otherwise  and  said  persons  own  Claims  in 
different  places  in  this  District  it  shall  be  lawful  for  either  of 
said  parties  to  leave  their  Claims  for  the  purpose  of  working  as 
aforesaid  by  posting  up  in  some  conspicuous  place  on  the  Claim 
or  Claims  so  left  a  written  ]SJ"otice  where  the  owner  of  the  claim 
or  Claims  may  be  found 

Bay  State  Mining  District  June  24th  1860 

By  order  of  the  Miners  of  the  above  named  District 
a  meeting  was  held  for  the  purpose  of  Electing  officers  William 
Douglass  was  duly  Elected  President  and  David  J.  Richardson, 
Secretary  and  Samuel  T.  Craig  Recorder 

The  following  amendments  was  made  to  the  Regulations 

Amendment  to  Sec  6 

By  recording  a  Claim  it  will  hold  good  for  ten  days  with- 
out risk  of  forfeiture 

Sec  14 
Water  Claims  shall  be  two  hundred  and  fifty  feet  down 
the  Creek  for  Mill  purposes  but  shall  in  no  case  conflict  with 
Miners  Claims 

Sec  15  added 
Any  person  holding  a  Water  Claim  shall  not  be  prevented 
from  holding  a  Miners  Claim 


72  GILPIN  COUNTY  RECORDS 

Section  16th  added 
Any  person  discovering  a  Quartz  Lode  shall  be  entitled  to 
one  hundred  feet  for  Discovery  and  a  Miners  Claim  besides 

Bay  State  Mining  District  July  14th  1860 

At  a  Meeting  of  the  Miners  of  the  Bay  State  Mining 
District  pursuant  to  a  call  of  the  President  thereof,  for  the  pur- 
pose of  amending  and  revising  the  regulations  of  said  District 

Section  2  of  said  regulations  was  amended  to  read  as  fol- 
laws  Each  Gulch  Claim  shall  consist  of  one  hundred  feet  run- 
ning parallel  with  the  creek  and  extending  from  Hill  to  Hill  on 
either  side 

Sec  3d  to  read 

ISTo  person  shall  hold  more  than  one  Gulch  Claim  one  Patch 
or  Hill  Claim  and  one  Lead  Claim  on  each  Lead  by  right  of 
Discovery  or  what  is  more  generally  called  taken  by  prospect- 
ing, but  any  person  or  persons  buying  a  Claim  or  Claims  shall 
be  entitled  to  hold  the  same  in  the  same  manner  as  other  per- 
sonal property  is  held 

Sec  10  repealed 
and  duties  imposed  upon  the  Recorder 

Sec  17th  added 
It  shall  not  be  lawful  for  any  person  or  persons  to  cut  any 
timber  or  trees  upon  any  Claim  or  Claims  owned  by  other  par- 
ties without  the  consent  of  the  owner  of  such  Claim  or  Claims 

Section  18  Added 
It  shall  not  be  lawful  for  any  person  to  throw  any  Brush 
or  other  Rubbish  in  the  Creek  to  the  damage  of  other  Miners 

Section  19th  Added 
A  Lead  Claim  shall  be  fifty  feet  wide  by  one  hundred  feet 
in  length  extending  along  the  Lead,  and  a  Patch  or  Mill  Claim 
shall  be  one  hundred  feet  running  Parallel  with  the  creek  and 
extending  from  the  base  of  the  Hill  to  the  top  of  the  same  but  all 
Patch  or  Mill  Claims  shall  be  subject  to  any  Quartz  Claims  that 
have  or  may  be  discovered  upon  said  Patch  or  Mill  Claims 


BAY   STATE   DISTRICT  73 

Section  20  Added 
Any  man  can  hold  a  discovery  Claim  of  each  kind  by  work- 
ing one  of  them 

Section  21st  added 
Xo  person  or  persons  shall  locate  a  water  Claim  upon  the 
Claims  of  Miners  without  the  written  concent  of  the  owners 
of  such  Mining  Claim  or  Claims 

August  11th  1860 

At  an  adjourned  meeting  held  this  day  the  following  reso- 
lution was  adopted 
Resolved 

The  order  of  Recording  a  Claim  title  shall  be  w^hen  pre- 
sented for  Record  the  pre-emptor  shall  present  a  certificate  of 
his  Claim  with  a  description  of  the  same,  and  when  the  title  is 
acquired  by  purchace  he  shall  present  the  Deed,  which  instru- 
ment the  Recorder  shall  copy  into  a  Book  kept  for  that  purpose 
and  shall  file  on  the  back  of  said  instrument  the  hour  of  the  day, 
the  day  of  the  month  and  the  year  when  such  instrument  was 
presented  for  Record  and  the  Page  of  the  Book  where  recorded 
and  return  the  instrument  to  the  o^\^ler 

The  following  named  persons  were  chosen  a  Committee  to 
hear  and  decide  disputes  in  regard  to  Claims  Charles  Allen, 
Mr  Runolds,  John  Huntington,  David  Haines,  William  Elwick 

Adjourned  Repealed  December  29th  1860 

September  the  29th  1860 
At  a  meeting  of  the  miners  of  the  Bay  State  Mining  Dis- 
trict the  following  business  was  transacted  to  wit  On  motion  of 
John  Huntington  Wm  Flarey  was  elected  President,  on  motion 
of  John  Huntington  D.  H.  McCraw  w-as  elected  Vice  President 
on  motion  of  D.  H.  McCraw  George  Wason  was  elected  Re- 
corder The  following  Resolution  was  read  and  adopted  Re- 
solved that  Section  three  of  the  Laws  of  the  Bay  State  District 
be  so  amended  as  to  read  Any  person  owning  or  holding  join- 
ing Claims  in  this  District  shall  after  having  them  duly  Re- 
corded hold  them  as  a  vested  right  the  same  as  real  estate  is  held 
in  the  States.     Adjourned 


74  GILPIN  COUNTY  RECORDS 

Oct  6  Meeting  met  and  adjourned  for  one  week 
Oct  13  Meeting  meet  and  appointed  a  committee  to  set- 
tle a  difference  between  Theodore  Carey  and  Wm  Cook  which 
was  decided  in  favor  of  Wm  Cook  on  motion  of  Wm  Cook  the 
following  question  was  befor  the  Meeting  and  carried  that  the 
record  of  Theodore  Carey  on  Page  30  be  blotted  out. 

Adjourned 
December  29th  1860 

Bay  State  District 

the  meeting  of  Said  District  was  called  by  order  of  the 
President  &  Recorder  for  the  purpose  of  Electing  a  Vice  Presi- 
dent &  Recorder  the  meting  was  called  to  order  By  the  Prese- 
dent  &  H.  L.  Graham  was  chosen  Recorder  protemn.  the  met- 
ing was  also  called  for  the  purpose  of  making  Laws  for  Said 
District 

Section  22 

The  President  Shall  have  power  to  appoint  two  men  &  those 
two  Shall  appoint  one  other  man  &  the  three  Shall  Settle  the 
difficulty  existing  between  the  miners  to  w^hich  they  was  chosen 
to  Settle  from  which  there  shall  be  no  appeal :  Wlien  the  Prese- 
dent  has  a  difficulty  then  the  Vice  Presedant  Shall  appoint  in 
the  Same  manner 

Section  23 

It  Shall  be  the  previlege  of  enny  miner  or  Miners  to  take 
out  the  water  out  of  Xorth  Clear  Creek  in  a  ditch  or  floom 
around  enny  mans  Claim  or  over  his  Claim  for  the  purpose  of 
washing  Dirt  on  the  Hill  Side  by  Hydraulic  power  or  Slusing 
not  ingering  the  claims  passing  thare  over 

Section  24 
The  above  Laws  Shall  not  be  repealed  unless  two  thirds  of 
the  miners  in  Said  district  Shall  concur  there  in  or  thare  Shall 
be  a  majority  of  two  thirds 

Section  25 
The  President  Shall  call  the  district  to  geather  upon  the 
written  requst  of  five  miners  in  Said  District  the  Presedent  giv- 
ing three  days  iSTotice  in  writing  posted  up  in  three  of  the  most 


BAY   STATE   DISTRICT  75 

public  places,  or  the  President  &  Vice  President  Shall  have  the 
Same  power  giving  the  Same  Notice 

Section  26 
All  Meetings  of  the  District  Shall  be  held  at  the  Eesidance 
of  W.  F.  Carev :  The  within  Laws  was  unanimously  adopted  by 
the  Miners  of  the  Bay  State  District  They  then  went  into  an 
Election  for  Vice  President  &  Recorder.  J.  B.  Lasley  was 
unanimously  Elected  Vice  President  &  H.  L.  Graham  was 
Elected  Recorder 

H.  L.  Graham;  Recorder 

Bay  State  District  February  5th  1861 

The  Meeting  of  Said  District  was  called  according  to  the 
by  Laws  of  Said  District:  The  President  called  the  Meeting 
to  order  and  the  minutes  of  the  previous  Meeting  was  red  by 
the  Recorder  they  then  past  the  following  Laws 

Section  27. 
All  persons  that  own  Claims  in  this  District  that  are  absent 
Since  the  thireyeth  day  of  September  A  D  1860  recorded  sold 
or  (transfurd)  or  not  recorded  all  Such  Claims  Shall  be  con- 
sidered void :  unless  they  have  friends  or  Agents  in  this  District 
to  represent  there  Claims :  all  Such  agencies  shall  be  recorded  in 
five  days  after  the  passge  of  this  Aricle  or  Law 

Section  28 
Section  7  was  so  amended  as  to  read  that  all  Citizens  of 
this  District  shall  be  entitled  to  vote  at  all  meetings 

Section  29 

Resolved  that  it  Shall  be  unlawful  for  anny  man  or  men  to 
precmiit  a  Claim  or  Claims  for  anny  man  or  men  known  or 
iK'lieved  to  be  in  the  States  All  Kind  of  Claims  what  ever  all 
Such  Claims  Shall  be  void:  past  February  5th  A.  D.  1861 

I  certify  the  above  to  be  a  true  copy  of  the  original  min- 


utes of  the  meeting 


Harvey  L.  Graham,  Recorder 


76  GILPIN  COUNTY  RECORDS 

July  26  1861  Meeting  met  at  W  F  Careys  pursuant  to 
a  call  of  the  Citizens  of  Said  District  for  the  purpose  of  Elect- 
ing a  vice  president  &  transacting  other  buisness  meeting  was 
called  to  order  by  the  president:  Section  26  was  amended  to 
read  as  follows  all  meetings  Shall  be  held  at  the  House  of  the 
Recorder:  J.  L.  Willson  was  duly  elected  vice  president:  on 
motion  of  W  T  Reynolds  Section  22  was  repealed  and 

Section  29 
was  past  There  shall  be  five  citzens  of  Said  District  chosen  to 
Setle  all  DifRcuilties  in  regard  to  mining  interests  the  Oppo- 
nants  are  to  choose  two  presons  out  of  Said  comittee  &  if  those 
two  cannot  agree  the  third  person  Shall  be  chosen  out  of  the 
committee  by  the  two  that  are  allready  chosen  &  if  either  of  the 
parties  are  Dissatisfied  with  the  Decision  they  can  appeal  to  the 
miners  of  the  District  &  from  thare  Decision  thare  Shall  be 
no  appeal:  the  Committee  that  was  cosen  con  sists  of  the  fol- 
lowing persons 

J  M  Steward  J.  L.  Willson 

M.  L.  Turner  R  Crummel 

W.  T.  Reynolds 

Wm  T  Reynolds  was  elected  President  of  Said  district 
in  place  of  Wm.  F.  Carey 

James  A.  Williams  was  elected  Judge  of  the  Said  District 
&  Isaac  K  Fisher  was  elected  Sherriff  of  Said  district  unani- 
mously 

James  A.  Williams  was  Sworn  in  by  the  President  &  I.  K. 
Fisher  was  Sworn  in  by  James  A.  Williams  Judge  meeting 
then  ajoumed 

I  certify  the  a  bove  to  be  a  tnie  copy  of  the  minutes  of 
Said  meeting 

Harvey  L,  Graham,  Recorder 

August  6,  1861 
Meeting  met  pursuant  to  a  call  of  the  Miners  to  adopt  laws 
for  said  district.     Called  to  order  by  the  president 


BAY  STATE   DISTRICT  77 

Section  30 
Eesolved  that  all  the  laws  of  Gregory  District  be  adopted 
Except  the  law  relating  to  Jury  it  was  past  that  thare  should 
be  Six  Jurors  before  Said  Justice  &  they  Should  l>e  twelve 
names  writ  down  by  the  Justice  &  from  those  twelve  the  Six 
shall  be  chosen  in  the  following  manner  the  Defendant  Shall 
Strike  out  the  first  name  &  then  the  plaintiff  shall  strike  out  one 
&  if  Either  or  both  refuse  to  strike  out  the  Justice  or  Judge 
Shall  Do  it  for  them  untill  thare  is  but  Six  names  left  &  the 
remaining  Six  Shall  be  the  Jurors  from  Avhich  thare  Shall  be 
no  appeal:  the  party  calling  the  Jury  Shall  deposit  with  the 
court  the  Jury  fees  in  money  which  wilbe  one  dollar  &  fifty 
cents  in  cash  to  each  Juror  in  case  no  Jury  is  callid  the  court 
Shall  tiy  the  case 

I  certify  the  above  law  to  be  correct  the  Laws  that  was 
adopted  was  past  in  Gregory  District  February  18  &  20  A  D 
1860.1 

M.  Stormes  Recorder  J.  S.  Stone 

Judge  of  the  Miners  Court 
H.  L.  Graham 

Recorder  of  Bay  State  District 
August  6  1861 ' 

'  See  above  pp.  18-33. 


EUREKA  DISTRICT. 


FIRST  RESOLUTIONS.^ 

We  the  residents  of  Eurek[a]  District,  feeling  the  neces- 
sity of  Giving  legality  to  our  judicial  proceedings  and  validity 
to  our  records,  do  hereby  resolve 

First,  That  the  limits  of  Said  district  Shall  be  defined  as 
commenceing  at  the  first  crossing  of  Gregorys  Gulch  above 
Mountain  City,  and  running  south  to  the  apex  of  the  mountain, 
then  west  sufiicient  to  include  the  Lake  and  Spring  Gulch,  cross- 
ing the  mouth  of  j^evada  at  its  junction  with  Spring  Gulch, 
directly  north,  and  following  the  Summit  of  the  divide  between 
the  N^evada  and  Eureke  Gulch  thence  bending  north  sufficiently 
far  to  cover  the  mountain  lying  on  the  north  of  the  Eureka 
Gulch  and  following  the  summit  of  Said  mountain  to  some 
point  directly  north  of  the  place  of  Starting 

Second,  That  a  notice  of  the  limits  of  the  Eureke  District 
as  above  defined,  be  transmitted  to  the  proper  Authorities  of 
Gregory  District,  with  notice  of  secession  and  erection  into  a 
district  distinct 

John  Fries  President 
L.  M.  Freas  Secretary 

MINUTES  OF  1860  AXD  IS6I.2 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Mr.  Otis's  store  on  the  2nd  day  of  ]\[ay  A.D  1860,  John  Taylor 
Esqr  in  the  Chair 

It  was  moved  &  seconded  that  a  committee  of  five  be  ap- 
pointed by  the  Chair  to  revise  and  remodel  the  laws  of  the  Dis- 
trict 

The  Chairman  appointed  G.W  Brizee,  J.F.  Mitchell,  W.T. 

^  Eureka  District,  Book  B.  The  regulations  bear  no  date,  but  the  dis- 
trict was  organized  in  July.  1859.  Tlie  first  entry  in  Book  A  was  made 
July  21,  1859. 

=  Eureka  District,  Minutes  of  the  Miners'  Court,  1860  and  1861. 

78 


EUREKA  DISTRICT  79 

Willborn,  Thos.  Smitli,  and  George  H.  Goodwin  as  a  Commit- 
tee, with  directions  to  report  at  a  meeting  to  be  held  on  the  0th 
day  of  May  1860. 

Meeting  Adjourned 
Thomas  Smitli  Secy.  John  Taylor,  Chairman 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Mr.  Otis's  store  on  the  0th  day  of  May  A.D.  1860,  John  Taylor 
Esqr  in  the  chair, 

The  Committee  appointed  at  a  previous  meeting  to  revise 
and  remodel  the  laws  of  the  District  presented  their  report 
which  with  a  few  amendments  (for  which,  together  with  the  re- 
port of  the  Committee  see  printed  "Laws  of  Eureka  District") 
was  unanimously  adopted 

It  was  moved  and  seconded  that  the  Deputy  Recorder  be 
i-equested  to  have  300  Copies  of  the  Laws  of  the  District  (as 
now  amended)  printed,  also  that  a  committee  of  three  be  ap- 
pointed by  the  chair  to  obtain  subscriptions  for  defraying  the 
expence  of  printing  the  laws. 

The  Chairman  appointed  Thomas  Smith,  W.T.  Blair  and 
C.J.  Hoover  as  a  Committee.     Meeting  Adjoined 
Thos.  Smith  Secy.  John  Taylor,  Chairman 

Election  Returns  June  4th  1860 

For  President 

Wm  Park  183 

A.C.  Swift  20 


163  Majority  for  Wm  Park 

For  Judge  of  the  Miners  Court 

John  Taylor  200 

For  Recorder 

Thomas  Smith       141 
Robert  Wood  48 

Dr.  Goodwill  26 

Majority  for  Smith  over  Wood       03 
"     "^     "         "  "Goodwin   iir, 


80  GILPIN  COUNTY  RECORDS 

We  certify  that  the  above  is  a  true  and  correct  transcript 
of  the  votes  poled  this  day  at  the  annual  election  of  Officers  for 
the  Eureka  District 

Dated  at  Central  City  this  4th  day  of  June  A.D.  1860 

George  H.  Goodwin. 
Joseph  Davis. 
J.  T.  Swaney. 
Judges  of  Election 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Mr.  Otis's  store  on  the  26th  day  of  June  A.D.  1860,  Wm  Park 
in  the  chair 

It  was  moved  and  seconded  that  a  Committee  of  five  be  ap- 
pointed to  revise  our  existing  Laws  in  relation  to  fees  of  jurors, 
witnesses  and  officers  of  the  Court,  and  also  as  to  having  all  fu- 
ture suits  in  relation  to  claims  brought  before  a  meeting  of  the 
Miners 

On  Motion  Messrs  J.  I.  Moore,  Hickman,  Boyd  Newton 
and  Fitsgerald  were  appointed  to  serve  on  said  Committee 

It  was  moved,  seconded  and  carried  unanimously  That  the 
time  for  working  all  claims,  except  gulch  claims  where  there  is 
a  sufficient  supply  of  Water  be  extended  to  the  1st  of  September 
1860.  Mill  Sites,  Building  Lots,  and  farming  claims  also  to  be 
held  until  the  same  date  without  improvement  being  necessary. 

It  was  moved,  seconded  and  carried  unanimously  That  that 
portion  of  Article  5.  Section  1  relating  to  "purchased  claims" 
be  expunged  from  our  Laws 

It  was  moved,  seconded  and  carried  unanimously  That  sec- 
tion 5  on  page  8  relating  to  the  "Sheriff  of  Arapahoe  County" 
be  repealed,  and  that  we  meet  on  Saturday  next  the  30th  Inst. 
at  4  o'ck  P.M.  to  elect  a  Constable. 

It  was  moved,  seconded  and  carried  unanimously  that  a 
Committee  of  three  be  appointed  to  locate  a  road  up  to  the  head 
of  Eureka  Gulch,  also  up  the  "Prosser"  Gulch. 

On  motion  Messrs.  J.  A.  Staley,  Eli  Skeers,  and  Joseph 
Davis  were  appointed  to  serve  on  said  Committee. 


EUREKA  DISTRICT  81 

Both  Committees  were  requested  to  report  at  an  adjourned 
meeting-  of  the  Miners  to  be  hekl  on  Tuesday  the  3rd  day  of 
July  at  4  o'clock  P.  M. 

Meeting-  adjourned, 
Thos  Smith  Secv.  Wm  Park  Chairman 


Election  returns.     June  30th  1860 


For  Constable 

J.  H.   Leavonworth 

1^.-1         C.  J.  Hoover 

Robert  Wood 

73         L.  Merrithew 

John  Swaney 

60         P.  Q.  A.  Fowler 

Majority  for  Leavonworth  over  Wood                 59 

((             i(                   a 

"     Swaney            72 

(C                  li                           i( 

"     Merrithew      125 

i(             a                   a 

"     Fowler            131 

39 

7 
1 


This  is  to  certify  that  the  above  is  a  true  and  correct  tran- 
script of  the  Votes  poled  this  day  at  an  election  for  Constable  of 
Eureka  District  Central  City  June  30th  1860 

'      Vt    tt-  r  Judges  H  AVood    Clerk 

J  no.  H.  limse      J 

At  an  adjourned  meeting  of  the  Citizens  of  Eureka  Dis- 
trict held  on  the  3rd  day  of  July  1860  at  Mr  Otis's  store,  Wm 
Park  in  the  chair,  to  hear  the  reports  of  the  Committees  ap- 
pointed at  a  previous  meeting  held  on  the  26th  day  of  June 

The  Secretary  read  the  "Majority"  report  relating  to  the 
revision  of  the  Laws  of  the  District  presented  by  Mr.  Fitzgerald 
as  chairman  of  Said  committee 

Mr.  J.  I.  Moore  read  a  "Minority"  report — after  which  a 
discussion  ensued  and  the  meeting  was  brought  to  a  conclusion 
])y  a  motion  to  adjourn 
Thomas  Smith,  Secy  Wm  Park,  Chairman 

At  a  meeting  of  the  Miners  of  the  Eureka  District  held  at 
y[r.  Merrithews  House  on  the  "Prosser"  Gulch  Mr  Wm  Park 
in  the  Chair,  July  9th  I860. 

4 


82  GILPIN  COUNTY  RECORDS 

Mr.  J.  A.  Staley  read  a  report  from  a  Committee  appointed 
at  a  previous  meeting  to  locate  a  road  up  the  Eureka  and  Prosser 
Gulches 

It  was  moved,  seconded  and  carried  unanimously  the  Road 
up  the  Eureka  Gulch  from  Station  2  be  made  40  feet  wide  in- 
stead of  30  feet. 

Also  that  the  Road  up  the  Prosser  Gulch  be  made  40  feet 
wide  instead  of  30  feet. 

Also  the  Road  be  made  straight  from  the  Quartz  Valley 
road  (Station  13)  to  Station  17. 

Also,  That  the  old  Road  be  kept  open  until  the  new  one 
is  completed. 

It  was  then  moved,  seconded,  and  carried  unanimously 
That  the  report  of  the  Road  Committee  as  amended  be  adopted. 

The  Secretary  read  the  Majority  report  of  the  Committee 
appointed  to  revise  the  Laws 

It  was  then  moved  that  Section  1  be  adopted.  Mr.  Moore 
objected  and  after  some  remarks  read  a  Minority  report  of  the 
Committee. 

Each  section  of  the  Majority  report  was  then  taken  up  sep- 
arately and  the  following  amendments  adopted. 

Section  1.     Adopted  without  amendment. 

Section  2.  Amended  by  adding  at  close  of  section  "Said 
arbitrators  shall  be  sworn  by  the  Judge  of  the  Miners  Court  to 
decide  the  cause  acc-ording  to  the  evidence 

Section  3.     Adopted  without  amendment. 

Section  4.  Amended  by  inserting  after  the  words  "said 
board",  which  notice  shall  be  served  by  the  Constable  or  other 
proper  officer  of  this  district. 

Section  5.     Adopted  without  amendment. 

Section  6,  do  do 

Section  7.  Amended  by  inserting  after  the  words  "an- 
other board"  "to  be  selected  as  follows,  the  Constable  shall  sum- 
"mon  15  disinterested  men,  each  party  shall  stricke  therefrom  4, 
"leaving  7  who  shall  constitute  the  second  board,  and  who  shall 
"meet  within  5  days  and  decide  the  cause  according  to  the  evi- 


EUREKA  DISTRICT  83 

^'dence"  and  omitting  the  clause  commencing  with  the  words 
"of  seven"  and  ending  with  the  words  "of  the  case" 

Section  8.  Amended  bj  substituting  the  words  "Judge  of 
the  Miners  Court"  for  the  words  "Justice  of  the  Peace" 

Section  9.  Amended  to  omit  last  clause  commencing  with 
the  words  "during  which  time" 

Section  10.     Adopted  without  amendment 

Section  11.  do  do 

Section  12.  Amended  to  read  as  Section  6  on  page  8  in 
printed  Laws 

Section  13.  Amended  to  read  after  the  words  "give  bond" 
"for  the  faithful  performance  of  his  duties"  and  to  add  at  close 
of  section  said  bond  to  be  made  to  the  Treasurer  of  the  Dis-^ 
trict 

Section  11.     Adopted  without  amendment 

Section  15.  do  do 

Section  16.  Amended  bv  adding  at  the  close  of  the  sec- 
tion "Said  fees  not  to  be  contingent"  "upon  the  rendition  of  a 
unanimous  verdict" 

Section  17.  Amended  by  substituting  the  words  "Judg"e 
of  the  Miners  Court"  for  "Justice  of  the  Peace" — and  inserting 
in  the  place  of  "same  officer"  the  words  "Justice  of  the  Peace" 

Section  18.  Adopted  without  amendment.  It  was  then 
proposed  &  seconded  that  Section  3  on  page  19  in  the  printed 
laws  be  so  amended  as  t-o  read  after  the  words  "each  offence" 
provided  nevertheless  that  the  provisions  of  this  Section  are  not 
intended  to  apply  to  sawed  Lumbei-"  and  omitting  the  closing 
paragraph  which  reads  as  follows  "but  any  timbers  that  are  al- 
ready got  out,  may  be  removed"  It  was  also  moved  and  sec- 
onded "That  the  Judge  of  the  Miners  Court  is  hereby  authorised 
to  issue  the  necessary  process  to  enforce  the  above  Section"  (re- 
lating to  the  removal  of  Timber  etc  out  of  the  District)  and  the 
Constable  is  hereby  authorized  and  empowered  to  seize  with 
said  process  and  timber  Tx)gs  or  Wood  being  removed  from  the 
District,  make  sale  of  the  same,  and  pay  the  proceeds  into  the 
hands  of  the  Judge  of  the  Miners  Court. 


84  GILPIN  COUNTY  RECORDS 

It  was  moved  and  seconded  that  "jS^o  person  shall  be  al- 
lowed to  divert  any  water  from  the  original  bed  of  the  stream" 

Section  19.     Adopted  without  amendment. 

It  was  then  moved,  seconded  and  carried  unanimously  that 
the  sum  of  Three  Dollars  be  allowed  to  the  President  for  pre- 
siding at  each  meeting  to  be  paid  out  of  the  funds  of  the  Dis- 
trict. 

Meeting  adjourned 
Thomas  Smith,  Secy  Wm  Park,  Chairman 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Wm  Merithews  House  on  the  ''Prosser"  Gulch  on  the  23rd  day 
of  July  A.  D.  1860 

The  President  of  the  District  in  the  chair. 

It  was  moved,  seconded,  and  carried  unanimously  that  the 
Roads  of  this  District  be  divided  into  three  Sections.  Section 
'No.  1  to  extend  from  the  Recorders  office  to  the  forks  of  the 
Prosser  and  Eureka  Gulches — District  No-.  2  from  the  Forks, 
up  the  Eureka  Gulch,  and  District  No.  3  from  the  forks  up  the 
Prosser  Gulch 

It  was  moved,  seconded,  and  carried  unanimously  that  the 
President  appoint  one  Road  Supervisor  for  each  District. 

The  following  gentlemen  were  appointed 

For  District  No.  1         Mr  E.  A.  Hickman 
For  "^  "    2  "     Lyman  Elmore 

For         "         "    3  "     John  Wilson 

It  was  then  resolved  that  the  Supendsors  take  immediate 
steps  for  placing  the  Roads  of  the  District  in  good  travelling  con- 
dition by  the  means  of  the  voluntary  aid  of  the  Citizens  of  the 
District. 

It  was  moved,  seconded,  and  carried  unanimously  that  all 
Gambling  houses  and  Drinking  saloons  that  are  open  for  the 
carrying  on  of  their  business  on  Sunday  be  considered,  and  are 
hereby  declared  a  nuisance. 

On  the  application  of  j\Ir.  John  R.  Staley  for  the  appoint- 
ment of  a  board  of  Arbitrators  to  settle  a  dispute  with  regard 


EUREKA  DISTRICT  85 

to  a  building  lot,  between  J.  A.  Stalev  and  Jesse  Ford  the  fol- 
lowing gentleman  were  appointed 

:\LD.  Cobb  John  Cree  J.B.  Dean  H.  Berry  John  Wilson. 

It  was  resolved  that  the  first  Arbitrator  chosen  shall  in  all 
cases  be  its  chairman. 

Also,  That  it  shall  only  be  necessary  for  the  chairman  of 
the  Board  of  Arbitrators  to  be  sworn  by  the  Judge  of  the  Miners 
Conrt.  and  that  the  Chairman  be  authorised  to  swear  the  other 
four  Arbitrators 

Adjourned 
Thomas  Smith  Secy.  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  on 
the  2nd  of  Augt.  1860  at  1  o'clock  P.M.  for  the  purpose  of 
"ejecting  Mr.  Allen  from  a  Mill  claim  belonging  to  Mr.  John- 
stone" 

There  being  but  a  small  attendance  it  was  rosolved  to 
adjourn  the  meeting  to  6  o'clock  P.M. 

At  the  adjourned  meeting  held  at  6  o'ck  after  a  statement 
from  Mr.  Johnstone  regarding  the  claim  in  dispute,  and  some 
discussion  on  the  subject  It  was  unamously  resolved  that 
(owing  to  certain  informalities  in  the  former  arbitration)  a 
fresh  Board  be  appointed  to  arbitrate  the  case — Mr.  Boyd,  Mr. 
Cree,  Mr.  Skeers,  Mr.  Al  Stevens  and  Mr.  T.  Fry  were  ap- 
pointed. 

Rosolved  that  all  meetings  of  the  District  be  held  at  on  Sat- 
urday's at  4  o'ck  P.M. — ^Adjourned 
Thomas  Smith  Secy.  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at  Mr. 
Merithew's  house  on  the  Prosser  Gulch  on  the  1st  day  of  Sep- 
tember A.D.  1860  H.  B.  Morse  Esqr.  in  the  chair. 

It  was  resolved  that  the  amendment  passed  at  the  meeting 
on  the  26th  of  June  1860  relating  to  claims  be  repealed  and  that 
all  claims  of  whatsoever  description  whether  held  by  Discovery, 
T^irchase  or  preemption  when  recorded  be  held  as  vested  rights 

It  was  resolved  that  an  election  for  President  be  held  on 


86  GILPIN  COUNTY  RECORDS 

Saturday  next  the  8th  Inst,  between  the  hours  of  2  &  4  o'clock — 
The  election  to  be  held  at  Mr.  Merithew's  house  on  Prosser 
Gulch 

It  was  resolved  that  no  person  preempting  (or  jumping) 
any  claim  on  the  first  day  of  September  1860  shall  by  reason 
thereof  acquire  any  right  or  interest  in  or  to  such  claim 

Meeting  adjourned 
Thomas  Smith  Secy.  Harley  B.  Morse  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Mr.  MeritheVs  house  on  the  Prosser  Gulch  on  the  19th  day  of 
September  A.D,  1860  John  I.  Moore  Esqr.  in  the  Chair 

The  object  of  the  Meeting  was  stated  by  Mr.  Moore  to  be 
to  amend  the  Code  of  Laws  in  relation  to  Arbitrations  the 
Election  of  a  President  of  the  District  etc 

It  was  resolved  that  a  committee  be  appointed  by  the  presi- 
dent to  report  business  for  the  meeting — The  President  ap- 
pointed Messrs  McCook,  Hickman  &  Kyle  as  said  Committee. 

A  discussion  was  then  had  as  to  whether  the  meeting  now 
in  session  was  called  in  the  manner  and  at  the  time  provided  in 
the  Code — Doubts  being  entertained  on  this  subject  it  was 
moved  and  carried  that  the  meeting  adjourn  until  Saturday 
Septr  22nd  and  that  the  Committee  have  until  then  to  make 
their  report 

Whereupon  the  meeting  adjourned 
John  J.  Daggett,  Secy.  President 

At  an  adjourned  meeting  of  the  Citizens  of  Eureka  Dis- 
trict held  at  Mr.  Merithew's  house  on  Prosser  Gulch  on  the  22nd 
day  of  September  A.D.  1860    J.J.  Moore  Esqr.  in  the  chair 

It  was  resolved  that  the  proceedings  of  the  meeting  held  on 
Wednesday  last  be  recognized — 

The  Committee  appointed  at  the  last  meeting  presented 
their  report  and  were  discharged 

The  report,  together  ^vith  sundry  amendments  adopted  by 
the  meeting  was  as  follows 

Sec.   1.     Resolved  That  the  Board  of  Arbitrators  estaV 


EUREKA  DISTRICT  87 

lished  for  the  purpose  of  adjudicating  all  disputes  that  may 
arise  concerning  claims  in  this  District  shall  hereafter  consist 
of  Three  permanent  members  whose  terms  of  Office  shall  con- 
tinue until  the  next  general  Election,  and  shall  be  elected  by  the 
Citizen  of  the  District  immediately  by  Ballot. 

Sec  2.  Resolved  That  after  the  Board  shall  have  been 
elected  they  shall  immediately  assemble  and  choose  one  of  their 
number  President  who  shall  be  clothed  with  the  same  power  and 
jurisdiction  while  presiding  over  an  arbitration  as  the  President 
of  the  District,  the  Judge  of  the  Miners  Court  or  a  Justice  of 
the  Peace  of  the  Territory  of  Kansas  and  it  shall  be  his  duty  to 
decide  all  questions  as  to  the  admissibility  of  evidence  that  may 
arise  during  the  course  of  the  Arbitration 

Sec  3.  Resolved  That  the  Board  shall  have  one  conven- 
ient and  permanent  place  for  holding  their  meetings,  and  that 
the  Secretary  of  the  District  be,  ex  officio,  clerk  of  the  Board  of 
Arbitrators  and  keep  the  Records  of  the  same  at  his  office,  which 
said  Records  shall  at  all  times  be  open  for  inspection 

Sec  4.  Resolved  That  at  least  two  of  the  Board  shall  be 
present  at  all  trials  unless  all  parties  shall  consent  to  go  into 
trial  with  a  less  number  and  that  when  the  President  shall  be 
absent  or  an  interested  party  either  of  the  other  members  offici- 
ate in  his  place  and  exercise  all  his  powers  and  duties  and  that 
in  the  event  that  their  being  only  two  Arbitrators  present  they 
be  authorized  to  choose  an  associate  who  shall  form  the  third 
Arbitrator 

Sec  5.  Resolved  That  the  Fees  of  the  Board  of  Arbitrat- 
ors shall  be  $2.50  each,  per  day  while  sitting  as  Arbitrators,  and 
in  addition,  to  the  President  of  the  Board  the  fees  allowed  the 
Judge  of  the  Miners  Court  for  issuing  summons  and  other 
process — 

Sec.  6  Resolved  that  each  member  shall  take  a  solemn 
oath  in  the  ordinary  form  to  try  all  arbitrations  that  may  come 
before  them  without  favor  or  partiality  and  to  render  and  award 
in  accordance  with  the  law  and  the  evidence. 

Sec  7.  Resolved  That  either  party  upon  the  payment  of 
all  costs  may  have  the  benefit  of  an  appeal  to  a  Board  of  five  Ar- 


88  GILPIN  COUNTY  RECORDS 

bitrators  to  be  selected  as  follows — The  Constable  shall  select 
eleven  Citizens  of  the  District  and  shall  present  a  list  of  their 
names  to  each  contesting  party  or  his  Attoniey  and  they  shall 
each  have  the  privilege  of  striking  off  three,  and  the  remaining 
five  shall  try  the  case,  and  that  if  either  of  the  five  be  challenged 
for  cause,  or  be  absent  the  Constable  be  authorised  to  make  up 
the  Board  from  the  by  standers  And  said  second  Board  shall 
be  presided  over  by  the  Judge  of  the  Miners  Court  who  shall 
have  and  exercise  all  the  powers  of  the  President  of  the  former 
Board  except  that  he  shall  have  no  voice  in  the  final  decision  of 
the  case.  The  said  second  Board  shall  receive  the  same  compen- 
sation as  the  members  of  the  first — In  all  cases  the  decision  of 
the  majority  of  the  Board  of  Arbitrators  shall  be  the  decision 
of  the  Board  and  shall  he  final 

Sec  8.  Eesolved  that  the  Courts  of  other  Districts  shall 
have  no  jurisdiction  over  the  persons  or  property  of  Citizens  of 
this  District  and  any  writ  emanating  from  said  Courts,  except 
for  crime,  whether  in  the  hands  of  the  Constables  of  said  Dis- 
tricts or  the  Sheriff  of  Arapahoe  County  or  his  deputies  shall 
have  no  force  or  effect,  nor  be  respected  within  the  limits  of 
Eureka  District  and  it  shall  be  the  duty  of  the  Judge  of  the 
Miners  Court  this  Distr  upon  application  and  proper  showing 
of  any  Citizen  against  whom  execution  or  attachment  or  any 
other  civil  process  has  been  issued  by  any  of  said  Courts,  or  by 
any  of  the  Provisional  Courts  to  grant  an  injunction  to  restrain 
the  execution  or  service  of  the  same. 

Sec.  9.  Resolved  That  in  all  case  hereafter  where  service 
of  summons  cannot  be  had  personally  it  shall  be  deemed  suffi- 
cient notice  to  either  post  the  notice  for  two  weeks  in  at  least 
four  conspicuous  places  in  the  District  or  to  publish  the  same 
for  two  weeks  in  some  Newspaper  published  within  the  limits 
of  the  Coimty  which  said  ser\'ice  of  publication  made  in  a  news- 
paper shall  be  verified  as  required  by  the  Laws  of  Kansas  and 
if  made  by  posting  notice  shall  be  verified  by  the  affidavid  of 
the  Constable  or  other  officer  posting  the  same 

Sec  10,  Eesolved  That  all  the  Laws  or  Parts  of  Laws  of 


EUREKA  DISTRICT  89 

this  District  conflicting  with  the  pro\4sions  of  this  act  be  and 
the  same  are  hereby  repealed 

Sec  11.  Your  Committee  would  further  recommend  that  a 
Committee  of  three  or  five  be  appointed  by  the  chair  for  the 
purpose  of  thoroughly  revising  and  codify ing  all  the  Laws  of  this 
District  said  Committee  to  report  to  a  miners  meeting  to  be  held 
on  the  first  Saturday  in  October 

Eesolved  That  the  Citizens  of  the  Districts  be  invited  to 
meet  us  in  general  Convention  at  some  early  day  for  the  pur- 
pose of  determining  upon  some  uniform  mode  for  service  and 
execution  of  process  and  writs  in  civil  actions  throughout  the 
different  Districts,  and  to  enact  such  other  laws  and  establish 
such  other  regulations  as  pertain  to  the  common  interests  of 
the  Districts.  The  chair  appointed  Messrs  McCook,  Cree  and 
Dr.  Daggett  to  revise  &  codify  the  Laws  of  the  District 

Eesolved  That  no  person  shall  cut,  girdle  or  injure  any  tim- 
ber, shrub,  or  shade  tree  growing  on  the  Building  Lot  of  any 
other  person  in  Eureka  District  and  if  any  person  shall  be 
guilty  of  the  same  he  shall  be  subject  to  a  fine  of  not  less  than 
five  or  more  than  fifty  Dollars 

Dr.  J.  F.  Daggett  was  then  nominated  for  President  of  the 
District  and  declared  unanimously  elected  by  acclamation. 

An  election  by  Ballot  for  permanent  Arbitrators  was  then 
held  and  resulted  in  the  following  gentleman  being  elected 

John  Cree 
E.  A.  Hickman 
E.  W.  Henderson 

Copy  of  Circular  addressed  to  Gregory,  Nevada,  Quartz 
Valley,  Enterprise  Illinois  Central,  Eussells,  Lake  Gulch,  & 
Pleasant  Valley  Districts  in  accordance  w4th  Eesolution  Passed 
at  last  meeting 

Eureka  District  Sep  24/60 
To  the  President  of  Nevada  District 
Dear  Sir, 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  on 


90  GILPIN  COUNTY  RECORDS 

the  22nd  inst.  the  following  resolution  was  unanimously  passed 
"Resolved 

That  the  Citizens  of  other  Districts  be  invited  to  meet  us 
in  general  Convention  at  some  early  day  for  the  purpose  of 
determining  upon  some  uniform  mode  for  service  and  execution 
of  process  and  w^rits  in  Civil  actions  throughout  the  different 
Districts,  And  to  enact  such  other  Laws  and  establish  such 
other  regulations  as  pertain  to  the  common  interests  of  the  Dis- 
tricts." 

In  accordance  with  the  above  Eesolution  we  invite  the  Citi- 
zens of  your  District  to  send  two  Delegates  to  meet  a  like  num- 
ber from  each  District,  and  take  the  liberty  of  suggesting  that 
the  Delegate  meeting  be  held  at  the  Recorder's  Office  on  Wednes- 
day Oct.  10th  1860  at  10  o'ck  A.M.  to  carry  out  the  provisions 
of  the  above  resolution 

Respectfully  yours 
Thos  Smith  Secy.        John  F.  Daggett  President  of  Eureka  Dist 

In  accordance  with  the  following  "call"  a  meeting  was  held 
at  the  Recorder's  Office 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at  the 
forks  of  the  Eureka  and  Prosser  Gulches  on  Saturday  the  20th 
Octr,  1860  Jno  F.  Daggett  Esq,  President  in  the  chair 

It  was  moved  and  seconded,  That  no  Tunnel  claim  shall  be 
considered  a  vested  right  under  the  Laws  of  the  District  unless 
10  days  work  shall  first  have  been  done  in  said  Tunnell  in  open- 
ing it,  and  all  Lodes  discovered  prior  to  such  work  having  been 
completed  shall  be  excepted  from  any  Tunnel  claims,  as  now 
provided  by  law,  if  staked  and  recorded — 

An  amendment  w^as  offered  by  Dr.  Hall  which  was  sec- 
onded and  carried  unanimously,  That 

All  the  Sections  in  our  Laws  granting  privileges  to  Tun- 
nelling Companies  be  repealed,  and  that  they  only  be  entitled 
to  250  feet  on  each  side  of  their  Tunnel  on  all  Lodes  discovered 
in  consequence  of  said  Tunnel. 

Meeting  adjourned 
Thomas  Smith  Secy.  John  F.  Daggett  President 


EUREKA  DISTRICT  91 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at  the 
forks  of  Eureka  and  Prosser  Gulches  on  Saturday  the  27th  Octr 
1860,  Jno  F  Daggett  Esqr  President  in  the  chair, 

It  was  resolved,  That  the  law  passed  on  last  Saturday,  re- 
stricting Tunnel  Companies  to  their  own  actual  discoveries  take 
effect  '*ex  post  facto"  upon  all  Tunnel  Companies  in  this  Dis- 
trict whether  organized  and  recorded  prior  to  or  since  the  pass- 
age of  that  act 

Meeting  adjourned 

Thomas  Smith  Secy.  John  F.  Daggett  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  on 
Saturday  Deer  1st  1860  John  F  Daggett  Esqr  President  in 
the  chair 

It  was  resolved,  That  the  Discoverer  of  a  Lode  shall  have 
ten  days  after  the  Discovery  to  name  the  Lode  and  stake  out 
his  Discovery  claim  which  may  be  taken  on  any  part  of  the  Lode 
where  the  crevise  is  opened,  and  that  no  staking  of  claims  shall 
be  legal  or  valid  till  after  the  Lode  is  named  and  the  Discovery 
claim  staked  as  above  provided. 

It  was  resolved,  That  no  title  to  a  claim  shall  be  valid  in 
consequence  of  staking  (whether  worked  or  not)  unless  recorded 
within  ten  days  thereafter. 

It  was  resolved  That  the  section  in  our  Laws  limiting  per- 
sons to  but  one  preemption  claim  in  this  District  be  repealed 
and  that  in  lieu  thereof  a  person  may  legally  hold  one  preemp- 
tion claim  on  each  Lode 

It  was  resolved  That  the  Gulch  upon  which  Miller  &  Wise's 
and  Doe  &  Co's  Quartz  Mills  are  located  be  known  henceforth 
as  "Prossers"  Gulch,  and  so  called  in  the  public  records  of  the 
District 

It  was  resolved,  That  all  claims  preempted  and  the  Record- 
ers fees  left  unpaid  by  the  first  day  of  Jany.  1861  shall  be  sold 
at  public  auction  and  the  proceeds  applied  as  directed  by  the 
Citizens  of  the  District  after  the  payment  of  the  Recorders  fees 
and  that  the  Recorder  be  authorized  to  give  Deeds  for  claims 
thus  sold — 10  days  notice  to  be  given  of  such  sale 


92  GILPIN  COUNTY  RECORDS 

It  was  resolved  That  it  shall  be  the  duty  of  the  Recorder  to 
provide  some  room  situated  near  the  mouth  of  Prosser's  Gulch 
for  the  holding  of  public  meetings  of  the  District  and  for  elec- 
tions and  that  all  elections  shall  be  held  at  that  place  only. 

It  was  resolved  That  the  fees  of  the  Recorder  for  recording 
preemption  claims  shall  be  fifty  cents  for  each  claim  so  recorded. 

Dr.  Daggett  having  announced  his  intention  to  visit  the 
states  and  it  being  therefore  necessary  for  him  to  resign  his 
office  as  President  of  the  District,  on  motion 

It  was  imanimously  resolved  that  a  vote  of  thanks  be  ten- 
dered to  Dr.  Daggett  for  the  able  and  impartial  manner  in 
which  he  had  on  all  occasions  fulfilled  the  duties  of  his  office, 
and  that  his  resignation  be  not  accepted  but  that  a  temporary 
presiilent  be  elected  by  acclamation 

On  Motion  E.  W.  Henderson  was  unanimously  elected  tem- 
porary president  of  the  District. 
Thomas  Smith  Secy.  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at 
Mr.  Le  Fevre's  house  near  the  mouth  of  the  Prosser  and  Eureka 
Gulches  on  the  2nd  day  of  Feby.  A  D  1861  E.  W.  Henderson 
President  in  the  chair 

Judge  Taylor  ofi'ered  his  resignation  as  Judge  which  on 
motion  was  accepted 

It  was  resolved  That  the  time  for  holding  the  annual  elec- 
tion for  the  officers  of  said  District  be  held  on  the  second  Mon- 
day of  Feby.  of  each  year. 

It  was  resolved  That  the  place  of  holding  Courts  in  the  Re- 
corder's office  shall  be  at  or  near  the  junction  of  Eureka  and 
Prosser  Gulches  from  and  after  the  second  Monday  in  Feby. 
1861. 

It  was  resolved  That  the  sale  of  property  shall  not  follow 
the  rendition  of  Judgment  or  the  foreclosure  of  Mortgages  in 
less  than  thirty  days,  and  in  real  estate  it  shall  be  redeamable 
for  sixty  days  thereafter  on  payment  of  the  Judgment  together 
with  interest  at  the  rate  of  five  per  cent  per  month  from  the 
date  of  the  rendition  of  Judgment 


EUREKA  DISTRICT  93 

It  was  resolved  That  the  Judge  of  the  Eureka  District  has 
not,  nor  never  had  any  power  to  open  any  decisions  of  the  Court 
of  Arbitration  composed  of  five  where  their  decision  was  unani- 
mous. 

It  was  resolved  That  all  evidence  tending  to  the  promotion 
of  the  ends  of  justice  and  the  elucidation  of  facts  in  all  causes 
shall  be  admitted  without  any  reference  to  the  rules  of  evidence 
as  established  by  any  particular  court 

It  was  resolved  That  all  causes  shall  be  tried  upon  their 
merits  alone — that  the  rights  of  no  party  shall  in  anywise  abate 
on  account  of  any  tecknicalities  in  the  pleadings  or  other  pro- 
ceedings of  the  adverse  party 

It  was  resolved  That  all  acts  and  parts  of  acts  conflicting 
with  the  above  sections  are  hereby  repealed 

It  was  resolved  That  the  word  "thirty"  be  substituted  for 
"twenty"  on  line  twenty  on  page  16  of  the  printed  laws  of  the 
District. 

It  was  resolved  That  in  the  event  of  a  suit  being  brought 
on  a  Note  [of]  hand  no  "Complaint"  shall  be  necessaiy. 

The  Recorder  made  a  short  statement  and  offered  the  fol- 
lowing Resolution 

That  in  view  of  certain  charges  that  have  been  made 
against  the  Recorder  of  this  District  relating  to  the  illegal  sale 
of  claims  at  public  auction  and  recording  the  same  claims  to 
more  than  one  person  a  Committee  of  three  be  appointed  by  the 
pres[id]ent,  to  investigate  said  charges  and  report  at  a  meeting 
of  the  District  to  be  held  on  the  9th  instant,  said  Committee  to 
have  power  to  send  for  any  persons  books  or  papers  they  may  re- 
quire— Adopted — 

Meeting  adjourned 
Thomas  Smith  Secy.  E.  W.  Henderson  President 

At  a  meeting  of  the  Citizens  of  Eureka  District  held  at  Mr. 
LeFevre's  house  near  the  junction  of  the  Eureka  and  Prosser 
Gulch  on  the  0th  (hiy  of  Feby.  A.D.  1861  J.H.  Leavenworth 
in  the  chair 


94  GILPIN  COUNTY  RECORDS 

The  following  report  of  the  Committee  appointed  at  the 
last  District  meeting  was  read  by  Mr.  Cree — 

Eureka  District  Feb  7.  1861 
"Whereas  at  a  meeting  of  the  Citizens  of  this  District  held 
on  the  2nd  Inst,  the  undersigned  were  appointed  a  Committee 
to  investiga-te  charges  made  against  the  Recorder  for  having 
'illegally  sold  claims  at  public  auction  and  recording  the  same 
claim  to  more  than  one  person'  and  having  attended  to  the  same 
beg  leave  to  report 

"Your  committee  gave  notice  as  far  as  practicable  that  they 
would  hear  any  such  complaints  at  the  Recorders  Office  on  the 
6th  &  7th  Inst,  and  accordingly  met  at  the  time  and  place. 
After  investigating  such  charges  as  were  brought  before  them 
and  examining  the  books  and  papers  relating  to  the  same  they 
could  not  find  the  charges  sustained  as  embodied  in  the  resolu- 
tion of  the  meeting  last  Saturday  as  preferred  against  Thomas 
'Smith  Recorder 

All  of  which  is  respectfully  submitted" 

"John  Cree 
J.W.  Stanton 
James  Burrell" 

Mr.  Burrell  offered  the  following  resolution  which  was  car- 
ried unanimously 

Whereas  this  District  passed  the  following  resolution  at  a 
meeting  held  on  Saturday  Deer.  1.  1860 

"That  all  claims  preempted  and  the  Recorders  fees  left  un- 
paid by  the  first  day  of  Jany.  1861  shall  be  sold  at  public  auc- 
tion and  the  proceeds  applied  as  directed  by  the  Citizens  of  the 
District  after  the  payment  of  the  Recorders  fees,  and  that  the 
Recorder  be  authorized  to  give  deeds  for  claims  thus  sold,  10 
days  notice  to  be  given  of  such  sale." 

And  whereas  difficulties  haven  arisen  respecting  the  sale 
of  claims  thus  made  touching  prior  rights  thereon.  Therefore 
resolved.  "That  in  those  cases  where  purchasers  of  claims  at 
said  auction  obtained  thereby  no  good  title  such  sale  interfering 


EUREKA  DISTRICT  95 

with  vested  rights  the  purchase  money  be  refunded  and  that  the 
Recorder  be  authorised  to  refund  the  same  to  such  purchasers 

Two  resolutions  relating  to  the  laws  of  Kansas  Territory 
beino-  in  effect  in  this  District  when  not  conflicting  with  the  laws 
of  the  District  were  offered  and  on  motion  were  negatived. 

It  was  resolved  That  miners,  laborers  and  each  and  every 
person  who  shall  perfonn  labor  upon  any  mining  claim  or  in  or 
about  any  Quartz  Mill  in  this  District  under  contract  with  the 
owner  therof  or  under  a  subcontractor,  agent,  or  Leasee  of  the 
owner  shall  have  a  lien  on  the  mining  claim  or  quartz  mill  for 
his  own  work  and  labor  so  done  and  performed. 

And  that  said  lien  to  be  effectual  shall  be  filed  within  four 
months  after  commencing  such  work  or  labor  and  said  lien  shall 
be  collected  in  the  same  manner  as  provided  by  the  statutes  of 
Kansas  for  the  year  1859  for  collecting  mechanics  liens 

It  was  resolved.  That  the  provisions  of  the  foregoing  law 
shall  be  retroactive  and  that  miners  and  laborers  shall  have  the 
benefits  thereof  who  shall  file  a  lien  with  the  Judge  of  tlie  Miners 
Court  within  ten  days  after  the  passage  of  this  act  and  in  accord- 
ance with  the  Statutes  of  Kansas  for  the  year  1859  in  relation 
to  mechanics  liens.  And  the  same  shall  apply  to  miners  and 
laborers  who  shall  have  performed  work  and  labor  in  accordance 
with  Sec  I  for  four  months  previous  to  the  passage  of  this  act 
and  said  lien  shall  be  collected  as  provided  in  Section  first 

Three  divisions  took  place  on  passage  of  the  last  resolution 
— On  the  first  division  there  appeared  103  votes  against  and  92 
votes  for  it    On  the  second  division  98  votes  for  and  96  against. 
And  on  the  third  division  110  votes  for  it  and  90  against. 
Meeting  adjourned 

Thomas  Smith  J.  II.  Leavonworth 

Secy  President 

Eureka  District  Feb  11,  1861 
At  a  meeting  called  by  the  Citizens  of  this  District  for  the 
election  of  Officers  for  the  ensuing  year  the  following  persons 
were  voted  for  as  follows: 


96 


GILPIN  COUNTY  RECORDS 


For  President 
211  Votes      Thos.  Gettings 
Rowin 


99 


John  A.  Staley 
E  W  Henderson 
J.  W.  Stanton  20     "  Scattering 

And  John  Staley  was  declared  duly  elected 

For  Judge 
W  E,  Gorsline  231  Votes     John  Cree 

C  Tator  125     "  Scattering 

And  W.  R.  Gorsline  was  declared  elected 


Thomas  Smith 
N.  D.  Haskell 
J  P  Bonesteel 
J  R  Hambel 


For  Recorder 
112  Votes     E  Holley 
81     "  W  Bell 

79     "         C  C  Spaids 
69     "  Scattering 


83  Votes 
5     " 
4     " 


103  Votes 
6     " 


63  Votes 
39     " 

18     " 
4     " 


And  Thomas  Smith  was  declared  elected 


For  Constable 

J  H  Leavenworth   208  Votes     Wm.  Shepherd  89  Votes 

J.  C.  Trotter  138     "  H.  K  Peck  19     '^ 

Scattering  1     '' 

And  J.  H.  Leavenworth  was  declared  elected. 


H.  Berry 
A.  P.  Wright 
H.  Crow 
J.  P.  Bonesteel 
O.  C.  Bugby 
A.  J.  Boyd 


Board  of  Arbitrators. 

218  Votes  E.W.Henderson  82  Votes 

176     "  J  A  Haskins  57  " 

150     "  J  H  Alexander  54  " 

109     "  GWHarriman  52  " 

85     "  C  Berry  13  '' 

84     "  Scatterino^  5  '^ 


And  H.  Berry,  A.  P.  Wright  and  H.  Crow  were  declar'^d 
elected 

306  Votes  were  cast  against  the  Judiciary  System 

4  ''        "        "  for  do 

Whole  number  of  Votes  cast  were  475 


EUREKA  DISTRICT  97 

We  hereby  certify  that  having  been  duly  appointed  Judg*?3 
&  Clerks  of  the  above  election  that  the  above  record  is  correct 

Signed 

James  Bnrrell 
T  Dwight  Bee)^ 
R.  C.  Dean 

Judges 
J  W  Bell 
Jas  A  Snodgrass 
Clerks 

Proceedings  of  a  meeting  called  by  the  President  of  the 
District  J  A  Staley  in  accordance  with  the  laws  and  held  in  the 
building  owned  by  the  Eureka  Quartz  Crushing  Co.  near  the 
forks  of  Eureka  &  Prosser  Grulches  on  Saturday  March  30th 
1861.     President  Staley  in  the  chair. 

The  Recorder  being  absent  Mr.  George  LeFevre  was 
elected  Secretary  of  the  meeting.  The  President  stated  the 
object  of  the  meeting  was  to  take  into  consideration  the  changes 
of  the  boundaries  of  the  District,  that  other  Districts  had  been 
formed  without  acting  in  accordance  with  the  laws  and  in- 
fringed upon  our  Territory  Mr,  Leavonworth  offered  the  fol- 
lowing resolution 

Resolved  ''That  the  boundaries  of  Eureka  District  shall 
be  known  and  defined  as  established  in  Convention  on  the  9th 
of  May  1860  unless  changed  in  a  legal  manner"  which  resolu- 
Hon  was  unanimously  adopted 

The  following  resolution  was  also  adopted  after  much  dis- 
cussion and  amendments  to  the  resolution  as  originally  offered. 

Resolved  by  the  Citizens  of  Eureka  District  in  mass  meet- 
ing assembled,  l^evada  concurring,  that  the  dividing  line  be- 
tween the  two  Districts  shall  be  the  water  shed  as  now  estab- 
lished to  the  dry  gulch  just  above  the  stable  of  the  C.O.C.&P.P. 
Express  Co.,  from  this  point  the  dividing  line  shall  be  a  right 
line  drawn  from  above  point  to  the  ISTorth  West  corner  of  the 
Alexander  Mill  and  from  this  point  the  dividing  line  shall  be 
the  middle  of  the  Gregory  Gulch  until  it  strikes  Gregory  Dis- 
trict 


98  GILPIN  COUNTY  RECORDS 

It  was  also  resolved  that  the  President  appoint  three  Citi- 
zens of  the  District  to  act  as  Commissioners  to  confer  with  the 
authorities  of  E'evada  for  the  purpose  of  establishing  the  divid- 
ino-  lines  between  the  two  Districts  according  to  the  tenor  of  the 
foregoing  resolution. 

The  following  was  laid  upon  the  table  to  be  acted  upon  at 
some  future  meeting 

''Eesolved  that  the  legal  rate  of  interest  in  this  Distiict 
shall  be  three  per  cent  per  month  except  where  parties  n^ay 
otherwise  stipulate  in  writing  and  when  so  stipulated  such  in- 
terest shall  follow  judgment  rendered  thereon 

The  following  was  unanimously  adopted 

"Be  it  enacted  by  the  Citizens  of  Eureka  district  in  miners 
meeting  assembled 

1st.  That  the  second  section  of  the  Law  passed  on  the 
9th  of  Feby.  1861  in  relation  to  laborers  and  miners  liens  be, 
and  is  hereby  repealed  and  that  all  proceedings  commenced  by 
v^irtue  thereof  are  declared  null  and  void. 

2nd  That  the  President  appoint  three  Citizens  of  the  ]Ms- 
trict  to  amend  the  first  Section  of  said  Law  and  report  at  the 
next  miners  meeting  for  ratification" 

The  President  appointed  Messrs  LeFevre,  Harriman  and 
Lindsley  committee  to  amend  said  Law 

The  President  appointed  Messrs  Leavonworth  Norris  & 
Taylor  committee  to  confer  with  authorities  of  Nevada  in  estab- 
lishing the  dividing  line  between  the  two  Districts 

"Resolved  that  Lode  claims  shall  include  all  the  Territx^ry 
embraced  within  the  boundaries  as  named  in  Section  2  Page  3 
of  Printed  laws  and  all  spurs  veins  and  branches  within  fifty 
feet  in  width  shall  belong  to  said  claim  if  branches  of  the  piin- 
cipal  Lode  and  the  center  of  the  crevice  whatever  may  be  its 
dip  or  inclination  shall  be  considered  the  center  of  the  fifty  feet 

The  above  was  received  and  laid  upon  the  table 

On  motion  the  meeting  adjourned  to  Saturday  April  Gth 
1861  at  3  o'ck  P.M 
G.  LeFevre  Secy  J.  A.  Stanley  President 


EUREKA  DISTRICT  99 

An  adjourned  meeting  of  the  District  was  held  in  the 
Eureka  Quartz  Crushing  Go's  Blacksmith's  Shop  on  Saturday 
the  6th  day  of  April  1861. 

In  the  absence  of  the  President  Mr  Alfred  Burroughs  was 
appointed  chairman 

The  minutes  of  the  last  meeting  were  read  by  the  Secre- 
tary and  approved. 

On  motion  of  Mr.  Leavenworth  the  meeting  adjourned  to 
meet  on  Saturday  the  20th  Inst. 
Thos  Smith,  Secy  President 

Pursuant  to  Notice  a  meeting  of  Eureka  District,  was  held 
at  the  Store  House  of  Rev  Louis  Hamilton  at  1  P.M.  May  18th 
A.D.   1861 

Present 
John  A.  Staley  past  President  and  numerous  citizens,  the 
object  of  the  meeting  being  to  elect  a  new  President  &  Recorder 
J.  A.  Staley  P.P.  organized  the  meeting  by  qualifying 

J.  B.  Fitzpatrick  ]      Judges 
J.  P.  Clarke         1  pi    u  ^-  W.  Harriman     I         of 

P.  Q.  A.  Fowler  J  L.  Hamilton  J    Election 

Polls  were  then  opened  &  continued  open  untill  6  p.m. 

Votes  assorted  &  counted — returns  declared  as  follows  to 
wit: 

We  the  undersigned  judges  of  election  do  find  that  the  fol- 
lowing are  the  whole  number  of  votes  cast  for  each  person 

For  President  Louis  Hamilton  had  113  votes 

"'    J.  Thatcher  3  votes 

"     Recorder  N.  D.  Haskell  had  117  votes 

"           "         Charles  Berry  35  votes 

Whole  number  polled  was  152 

J.  P.  Clark 

,  !-  uierKs 

ner  J 

Judges 

of 

Election 


P.  Q  A  Fowler  J    ^^^'^' 

J.  B.  Fitzpatrick 
Closed  G.  W.  Harriman 

Attest :    N  D  Haskell  L.  Hamilton 


100  GILPIN  COUNTY  RECORDS 

This  is  to  certify  that  the  minutes  of  the  meeting  of  Eureka 
District  on  the  18th  of  May  1861  are  correctly  recorded 

J,  B.  Fitzpatricli  1    Judges 
L.  Hamilton  >       of 

G  W  Harriman      J    Election 

Ereka  District  July  25th  1861  A  Meeting  of  Citizens 
was  held  at  Mr  D  Ebi's  House  pursant  to  call  by  President  L. 
Hamilton  at  7^2  oclock  P.M  the  time  arrived  meeting  was 
called  by  the  President  ISTotice  of  meeting  was  then  read  by 
the  secretary  ]^.  D.  Haskell,  Avhereupon  resolutions  were  pre- 
sented and  read  by  Theodore  Schintz  Esq.  when  the  Pres  signi- 
fied a  request  to  retire  J.  B.  Rowen  upon  unanimous  call  occu- 
pied the  chair  as  Pres  pro.  tem.  untill  the  return  of  Mr.  Hamil- 
ton at  8Y2  P-M,  after  discussion  at  some  length  on  the  resolu- 
tions offered  and  read,  they  were  unanimously  adopted;  the  fol- 
lowing is  a  copy  of  the  Resolutions 

Wliereas :  the  Congress  of  the  United  States,  passed  an  act 
to  provide  a  temporary  government  for  the  Territory  of  Colo- 
rado, and  thereby  created  Judicial  Tribunals,  which  are  fully 
organized;  Therefore  be  it  resolved  that  the  necessity  of  our 
miners  court  no  more  exists,  that  no  suits  shall  hereafter  be  en- 
tertained by  the  miners  court,  that  all  suits  commenced  in  the 
said  miners  court  for  Eureka  District,  since  the  date  of  the  or- 
ganization of  the  Territorial  District  Court  in  this  district,  to 
wit  since  the  I7th  day  of  July  1860  should  be  and  the  same  are 
hereby  discontinued;  and  the  Judge  of  the  Miners  Court  and 
President  of  the  District  are  here  required  to  enter  such  discon- 
tinuancy  on  record,  the  legal  Constitutional  remedy  for  the  par- 
ties being  in  the  territorial  courts 

Resolved,  That  these  resolutions  are  not  intended  to  inter- 
fer  with  cases  commenced  before  said  17th  day  of  July  1861 
the  date  of  the  organization  of  the  Territorial  Courts 

Resolved ; 

That  these  resolutions ;  do  not  interfere  with 
the  exercise  of  Judicial  powers  of  the  Court  on  Claims,  or  Board 
of  Arbitrators;  established  for  the  purpose  of  Adjudicating  all 


EUREKA  DISTRICT  101 

disputes,  that  may  arise  concerniiii>;  claims  in  the  District,  and 
the  award  of  such  Court  of  Claims  shall  be  recorded  and  exe- 
cuted as  provided  bv  the  laws  of  Eureka  District.  Xo  other  work 
appearing  Meting  was  adjouraed     sine  Die 

Attest  N.D.  Haskell     Sectv  L.  Hamilton     Pres. 


LAWS  APPROVED  MAY  9,  1860^ 

At  a  meeting  of  the  citizens  of  Eureka  District,  held  in 
Central  City  on  the  2nd  day  of  May,  1860,  at  four  o'clock  P. 
M.,  a  Committee,  consisting  of  Geo.  W.  Brizee,  Geo.  H.  Good- 
win, J.  F.  Mitchell,  Wm.  T.  Wilbom,  and  Thos.  Smith,  was  ap- 
pointed to  codify  and  amend  the  Laws  of  said  District,  and  to 
report  the  said  Laws  so  codified  and  amended,  at  a  meeting  to 
be  held  at  the  store  of  H.  G.  Otis,  on  the  9th  inst  at  seven  o'clock 
P.M. 

In  accordance  with  the  duties  imposed  upon  them,  the 
Committee  report  the  following  Acts,  regulating  the  rights  of 
persons  and  of  property,  and  the  manner  in  which  those  rights 
may  be  preserved. 

An  Act  to  Define  the  Boundaries  of  Eureka  District 

Section  1.  Be  it  enacted  by  the  citizens  of  Eureka  Dis- 
trict, in  convention  assembled.  That  the  boundaries  of  Eureka 
District  shall  be  known  and  defined  as  follows — to  wit: 

Bounded  on  the  ISJ'orth  by  Chase's  Creek,  on  the  East  by 
Gregory  District,  on  the  South  by  T^ew  Nevada  District,  and 
on  the  West  by  the  middle  branch  of  Clear  Creek. 

Sec.  2.  Be  it  further  enacted.  That  no  change  shall  here- 
after be  made  in  the  boundaries  of  this  District  without  the  con- 
sent of  its  citizens  as  hereinafter  enacted. 

Sec.  3.  Be  it  further  enacted.  That  if  any  persons  shall 
wish  to  change  the  boundaries  of  this  District,  or  erect  another 
within  the  same,  or  annex  any  territory  before  tliat  time,  not 

'  Eureka  District,  Laws  approved  May  9,  1860.  Denver.  1860.  Tlie 
pamphlet  was  found  anionfr  tho  Sayrc  Papers.  A  mutilated  copy  is  owned 
by  the  State  Historical  and  Natural  History  Society. 


102  GILPIN  COUNTY  RECORDS 

belonging  thereunto,  a  public  meeting  of  the  citizens  of  this  Dis- 
trict shall  be  called,  and  ten  days  notice  given  of  the  same  by 
posting  twelve  notices  of  said  meeting  in  as  many  conspicuous 
places.  If  the  petition  for  a  new  District,  or  change  of  boun- 
dary applied  for  in  this  District,  be  granted,  it  shall  not  take 
effect  for  ten  days  thereafter. 
Approved,  May  9th,  1860. 

An  Act  Defining  Claims  and  Regulating  the 
Title  Thereto 

This  act  was  borrowed  almost  in  its  entirety  from  the  Greg- 
ory law  of  the  same  title  approved  in  that  district  on  February 
18,  1860.  It  seems  desirable  merely  to  indicate  the  slight  varia- 
tions and  to  print  the  sections  which  show  distinct  differences. 
As  the  Eureka  law  was  printed,  the  errors  in  spelling  and  gram- 
mar which  appear  in  the  Gregory  law  were  eliminated  by  the 
printer.  A  slight  variation  appears  in  Section  2  ;  in  the  Eureka 
law  a  gulch  claim  was  one  hundred  by  fifty  feet,  instead  of  a 
hundred  feet  following  the  meanderings  of  the  gulch  and  ex- 
tending from  bank  to  bank.  Sections  1,  and  3-8  are  identical. 
Section  9  is  as  follows : 

Be  it  further  enacted.  That  all  pre-emption  claims  which 
have  been,  or  may  be  taken  up  before  the  first  day  of  July  next, 
need  not  be  worked  until  that  date,  provided,  however,  that  the 
person  who  so  has,  or  shall  take  up  a  claim  as  aforesaid,  shall 
file  with  the  Recorder  for  record,  a  statement  thereof  wherein 
he  shall  describe  the  claim. 

Sections  10-14  are  identical.  Sections  15  and  17  of  the 
Gregory  law  are  omitted  in  the  Eureka  law.  Section  15  of  the 
Eureka  law  corresponds  to  Section  16  of  the  Gregory  law,  Sec- 
tion 16  to  Section  18,  Section  17  to  Section  19,  and  Section  18 
to  Section  20.  Section  19  of  the  Eureka  law  varies  materially 
from  the  corresponding  Section  21  of  the  Gregory  law. 

Sec.  19.  Be  it  further  enacted,  That  no  person  or  persons 
shall  be  allowed  to  mine  under  any  building,  or  other  improve- 
ment unless  he  first  secures  the  parties  against  all  damages  ex- 
cept by  priority  of  title. 


EUREKA  DISTRICT  103 

Sections  20-23  of  the  Eureka  law  correspond  to  Sections 
22-25  of  the  Gregory  law.  Section  24  of  the  Eureka  law  is  a 
new  provision. 

Sec.  24.  Be  it  further  enacted,  That  all  building  lots 
which  have  been  or  may  be  taken  up  before  the  1st  day  of  July 
need  not  be  improved  until  that  date,  provided,  however,  that 
the  person  who  has  or  shall  take  up  a  lot  as  aforesaid  shall  file 
with  the  Recorder  for  record  a  statement  thereof,  wherein  he 
shall  describe  the  situation  of  the  same. 

Approved,  May  9,  1860. 

An  Act  in  Relation  to  the  Officers  of  Eureka  District, 
Their  Duties^  Term  of  Office  and  Eees 

Sections  1-5  are  the  same  as  Sections  1-5  of  the  correspond- 
ing Gregory  law,  Section  6  shows  a  distinct  variation. 

Sec.  6.  Be  it  further  enacted,  That  the  fees  of  the  Re- 
corder shall  be  one  dollar  for  each  claim  recorded,  and  one  dollar 
for  each  deed  or  instrument  in  writing  not  exceeding  100  words, 
^'ith  50  cents  extra  for  each  additional  100  words,  and  such 
other  fees  for  District  business  as  the  citizens  may  allow.  All 
fees  shall  be  payable  before  filing. 

Sections  7-9  are  identical.  Section  10  and  11  of  the  Eu- 
reka law  do  not  appear  in  the  Gregory  law. 

Sec.  10.  Be  it  further  enacted.  That  the  Judge  of  the 
miners'  court  shall  have  full  probate  jurisdiction  within  this 
District. 

Sec.  11.  Bt  it  further  enacted.  That  the  President, 
Judge  and  Recorder  shall  each  be  required  to  give  good  and 
sufiicient  security  in  the  sum  of  $500 ;  the  bonds  of  the  Judge  to 
be  approved  by  the  President,  and  the  bonds  of  the  President 
and  Recorder  to  be  approved  by  the  Judge. 

Approved,  May  9th,  1860. 

An  Act  Establishing  a  Miners'  Court  and  Regulating 
ITS  Jurisdiction 

Section  1.  Be  it  enacted  by  the  citizens  of  Eureka  Dis- 
trict, in  convention  assembled,  That  a  regular  term  of  a  court,  to 


104  GILPIN  COUNTY  RECORDS 

be  known  as  the  Miners'  Conrt,  shall  be  held  in  this  District,  in 
some  convenient  and  proper  place,  upon  the  first  Saturday  of 
each  month,  and  all  writs  to  be  made  returnable  at  said  term, 
shall  be  served  before  the  Wednesday  next  preceding.  ISTothing 
herein  contained  shall  be  so  construed  as  to  prevent  the  trial  of 
criminals  at  any  time. 

Sec.  2.  Be  it  further  enacted,  That  if  any  person  shall 
wish  to  commence  a  suit  for  the  recovery  of  any  claim  within 
two  weeks  after  the  regular  term  of  said  Miners'  Court  has  com- 
menced, a  special  term  of  said  Court  may  be  held  to  try  said 
cause. 

Sec.  3.  Be  it  further  enacted,  That  the  officers  of  said 
Court  shall  consist  of  a  Judge,  a  Clerk,  the  Sheriff  of  Arapahoe 
County  and  his  deputies. 

Sections  4  and  5  correspond  respectively  to  sections  3  and 
4  of  the  corresponding  Gregory  law.  Section  6  contains  new 
material. 

Sec.  6.  Be  it  further  enacted,  That  the  Miners'  Court 
shall  have  equity,  as  well  as  law  jurisdiction,  and  may  grant 
writs  of  injunctions  upon  motion,  in  all  proper  cases,  and  all 
other  motions  upon  proper  cause  shoAvn,  to  be  supported  by  affi- 
davits alone,  and  do  all  such  other  acts  as  a  Court  of  Equity  has 
power  to  do. 

Sections  7  and  8  are  the  same  as  sections  6  and  7  of  the 
Gregory  law,  but  section  9  shows  variations. 

Sec.  9.  Be  it  further  enacted,  That  the  jury  for  each 
term  of  Court  shall  be  drawn  upon  the  Saturday  next  preced- 
ing each  term,  in  the  following  manner :  the  Sheriff,  or  his  dep- 
uty, shall  place  the  names  of  fifty  good  and  substantial  men  in 
a  box,  prepared  for  that  purpose,  and  the  Judge  of  the  Court, 
or  the  Clerk  thereof,  shall  draw  therefrom  the  names  of  eight- 
een men,  who  shall  be  summoned  to  act  as  grand  and  petit  jur- 
ors, for  the  next  svicceeding  term  of  Court.  When  necessary  the 
Sheriff  may  summon  talismen,  but  no  person  shall  serve  as  jur- 
ors for  two  successive  terms  of  Court. 

Approved,  May  9th,  1860. 


EUREKA  DISTRICT  105 

An  Act  in  Relation  to  the  Practice  in  the 
Miners'  Court 

This  act  is  practically  the  same  as  the  law  of  Gregory  Dis- 
trict with  the  exception  of  section  9  and  the  addition  of  section 
16. 

Sec.  9.  Be  it  fnrther  enacted,  That  no  canse  shall  be  con- 
tinued unless  upon  affidavit  of  a  party  or  his  attorney,  or  of  the 
absence  of  a  material  witness,  whose  evidence  is  material  to  the 
issue,  which  he  shall  state  as  he  believes  he  can  prove  by  said 
witness,  and  that  the  said  party  cannot  safely  proceed  to  trial 
without  the  evidence  of  said  witness,  which  he  believes  ho  can 
procure  at  some  future  time,  which  he  shall  state,  or  for  some 
other  good  and  sufficient  cause. 

Sec.  16.  Be  it  further  enacted.  That  in  all  suits,  either 
in  law  or  equity,  the  order  of  publication  shall  be  allowed. 

Approved,  May  9th,  1860. 

An  Act  Relating  to  Trial  and  its  Incidents 

This  act  is  the  same  as  the  Gregory  law  with  the  exceptions 
of  Sections  3  and  11  and  a  slight  change  in  the  order  of  sec- 
tions. 

Sec.  3.  Be  it  further  enacted.  That  upon  the  return  day 
of  a  summons,  if  either  party  shall  call  for  a  jury,  he  shall  first 
advance  the  fees  at  the  rate  of  two  dollars  for  each  juror,  and  in 
cases  of  Change  of  Venue  found  out  of  the  District  three  dol- 
lars, who  shall  try  the  cause,  and  in  case  he  shall  prevail  in  the 
same,  the  fees  so  advanced  shall  be  taxed  against  the  adverse 
party,  but  in  case  no  jury  is  called  for,  the  cause  shall  be  tried 
by  the  Court. 

Sec.  11.  Be  it  further  enacted,  That  witnesses  fees  shall 
be,  in  all  cases,  three  dollars  for  each  day,  and  twenty-five  cents 
mileage. 

Approved,  May  9th,  1860. 

An  Act  in  Relation  to  Lew  and  Sale  upon  Exi:<  irioN 
Section  1.     Be  it  enacted  by  the  citizens  of  Eureka  Dis- 
trict in   Convention   assembled.      That  there   shall   be  exempt 


106  GILPIN  COUNTY  RECORDS 

from  levy  and  sale  upon  execution,  all  tools  for  mining,  bed- 
ding, clothing,  cooking  utensils,  and  necessary  provisions  for 
three  months,  and  in  case  of  a  man  residing  with  his  family 
a  dwelling  house  not  exceeding  five  hundred  dollars  in  value 
and  such  articles  of  household  furniture  as  are  strictly  neces- 
sary. 

An  Act  Relating  to  Crimes  and  Nuisances. 

This  act  corresponds  to  the  Gregory  law  with  the  exception 
of  Section  5.     The  Eureka  act  was  approved  May  9,  1860. 

Sec.  5.  Be  it  further  enacted.  That  after  any  conviction 
for  a  nuisance  in  said  Miners'  Court,  if  the  said  nuisance  is 
allowed  to  remain  for  twenty-four  hours  thereafter,  the  person 
or  persons  who  caused  the  same,  and  whose  duty  it  should  have 
been  to  remove  it,  shall  be  again  liable  in  damages,  and  shall 
also  be  liable  for  each  twenty-four  hours  after  a  conviction,  as 
hereinbefore  provided  in  this  act. 

An  Act  Containino  general  Provisions  for  the 
Government  of  Eureka  District 

Section  1.  Be  it  enacted  by  the  citizens  of  Eureka  Dis- 
trict in  Convention  assembled,  That  the  Judge  of  the  Miners' 
Court  shall  pay  over  each  week,  to  the  Treasurer  of  the  District, 
all  monies  he  may  collect  from  judgments  in  favor  of  the  Dis- 
trict, contempts  of  court,  and  fines  of  every  kind ;  and  the 
Treasurer  shall  not  pay  the  same  out  to  any  person,  unless  upon 
the  vote  of  the  miners,  given  at  some  meeting  legally  called. 

Sec.  2.  Be  it  further  enacted.  That  the  President  or  the 
Judge  of  the  Miners'  Court  may  call  a  public  meeting  at  any 
time  either  of  them  may  deem  the  same  necessary,  by  giving 
forty-eight  hours  notice,  and  by  posting  three  notices  in  as 
many  conspicuous  places  in  the  District. 

Sec.  3.  Be  it  further  enacted,  Tliat  no  timber  for  building 
purposes,  or  cordwood,  shall  be  allowed  to  be  cut  and  carried 
out  of  this  District  under  a  penalty  not  exceeding  one  hundred 
dollars  for  each  offence;  but  any  timbers  that  are  already  got 
out  may  be  removed. 


EUREKA  DISTRICT  107 

Sec.  4.  Be  it  further  enacted.  That  when  one  Lode 
crosses  another,  the  o\\Tier  of  the  claim  first  taken  up  shall  not 
be  entitled  to  any  portion  of  the  Lode  that  crosses  his  claim, 
except  in  his  shaft  or  drift,  by  virtue  of  the  width  of  his  claim, 
but  the  first  claimant  to  the  ground  shall  not  in  any  case  be  im- 
peded in  his  work  by  the  owner  of  the  claim  on  the  Lode  which 
may  cross  it. 

Sec.  5.  Resolved,  That  until  the  District  shall  be  able  to 
build  a  Court  House  for  the  transaction  of  public  business,  the 
Recorder  shall  be  authorized  to  hire  a  suitable  room  for  the 
transaction  of  public  business,  and  for  the  trial  of  causes.  The 
sum  of  two  dollars  shall  be  allowed,  to  be  taxed  with  the  costs 
of  such  suit,  for  the  use  of  said  room  for  each  trial,  but  all  pub- 
lic meetings  of  the  miners  shall  be  held  without  charge. 

Approved,  May  9th,  1860. 


PLEASANT  VALLEY  NUMBER 
10  DISTRICT 


LAWS  AND  MINUTES  OF  SEPTEMBER  3,  1859^ 

This  indenture  made  and  entered  into  this  3rd  day  of 
Sept.  1859  between  and  by  the  miners  of  Pleasant  Valley  Dis- 
trict No.  10. 

Section  1st  Our  officers  shall  consist  of  a  President,  one 
Recorder  one  Stake-Master  and  shall  be  elected  annually  and 
hold  their  office  until  their  successor  is  elected.  It  shall  be  the 
duty  of  the  President  to  preside  at  all  meetings,  to  decide  all 
points  of  order,  to  put  all  motions  and  determine  the  vote  on  the 
same,  and  act  as  Judge  in  Case  of  trial.  It  shall  be  the  duty  of 
the  Recorder  to  keep  a  correct  record  of  the  proceedings  of  all 
meetings  and  to  record  claims,  to  furnish  a  book  in  which  such 
Record  is  made,  and  in  case  of  Vacation  to  leave  said  book  with 
the  President  of  the  District,  or  the  Recorder  in  Denver. 

Section  2nd  No  miner  shall  hold  more  than  one  Gulch  or 
Ravine  Claim  and  one  Mountain  or  lode  Claim  except  by  pur- 
chase or  discovery,  and  in  case  of  purchase  the  same  shall  be 
asserted  by  at  least  two  disinterested  witnesses  and  shall  be  re- 
corded by  the  Recorder  within  five  days  after  the  sale. 

Section  3rd  No  claim  shall  be  good  or  valid,  imless  it  is 
staked  and  the  name  of  the  owner  correctly  written  thereon. 

Section  4th  And  when  claims  are  held  by  Companies  the 
name  of  each  member  must  appear. 

Section  5th  All  claims  shall  be  worked  within  ten  days 
after  the  time  they  are  staked  off,  in  case  they  are  in  a  Condi- 
tion to  be  worked,  otherwise  forfeited :  discovery  claims  ex- 
epted,  also  purchased  claims  exepted. 

^  The  manuscript  was  found  among  the  Teller  Papers.  On  the  first 
page  the  title  reads:  "Code  of  Laws  of  Pleasant  Valley  District  No.  10 
with  all  the  Additions  and  Amendments  up  to  October  30,  1860.  Engrossed 
by  Ben.  Dittes,  Esqr."  The  laws  were  copied  originally  by  J.  Curry.  An- 
other copy  of  the  laws  of  September  3,  1859,  was  found  in  Pleasant  Valley 
Number  10  District,  Records. 

108 


PLEASANT   VALLEY   NUMBER    10    DISTRICT  10!) 

Section  6tli  Be  it  Resolved  that  all  claims  now  held  by 
miners  shall  be  good  and  valid  bv  recording-  them,  before  leav- 
ing said  mines,  or  within  six  days  after  quitting  work  thereon, 
until  the  20th  Day  of  June  18(10. 

Section  7th  And  be  it  known,  all  persons  purchasing  claims 
by  recording,  shall  hold  said  claims ;  And  all  claims  under  the 
old  and  first  law  of  the  District  shall  be  held  and  valid  to  tho 
owner,  or  owners  as  when  first  laid. 

Section  8th  I^o  gulch  claim  shall  contain  more  then  one 
hundred  feet  in  length,  and  from  bank  to  bank  if  it  does  not 
contain  more  than  150  feet,  and  in  case  the  Gulch  contains 
more  than  150  feet  in  width,  claims  shall  contain  100  feet  in 
width  and  also  each  claim  shall  be  entitled  to  an  equal  fall  5f 
water. 

Section  9th  In  case  of  difficulty  between  Miners  or  other 
persons,  it  shall  be  settled  by  a  Jury  of  three  or  six  disinter- 
ested Miners  and  in  case  of  dissatisfaction  they  may  take  an 
appeal  to  the  miners  in  general. 

Section  10th  All  claims  shall  be  recorded  for  the  sum  of 
fifty  cents. 

Section  11th  All  claims  shall  be  staked,  numbered  and  de- 
scribed with  the  name  of  the  owner  thereon  for  the  sum  of 
twenty  five  cents  per  claim,  commencing  at  the  lower  end  of  the 
District. 

Signed:         E.  G.  Bartlett, 

President. 

LAWS  AI^D  MIIiUTES  OF  MAY  19,  18G0 
Pursuant  to  a  call  by  Charles  Shetler  Esq.  Pres.  of  Pleas- 
ant District  No.  10  for  a  meeting  of  the  miners  of  said  district 
at  the  mouth  of  Lake  Gulch  on  the  19th  day  of  May  A.  D.  1860 
at  10  o'clock  A.M.  The  meeting  was  called  to  order  by  the 
president  and  Frank  M.  Cobb  was  chosen  Secretary,  whereupon 
the  call  for  the  meeting  was  read  by  the  Secretary,  follo\v(Ml  ])y 
a  brief  statement  of  the  object  of  the  meeting  by  the  President 
upon  wliicli  tlie  following  business  was  transacted:  On  Motion 
of  A.  J.  Alonroe  Esq.  a  Committee  of  three  was  appointed  to 
revise  laws  and  prepare  matter  for  the  action  of  the  meeting 


110  GILPIN  COUNTY  RECORDS 

and  after  a  motion  of  B.  F.  Chase,  to  question  each  member  of 
said  Committee  upon  their  nomination  was  laid  upon  the  table, 
Messrs  A.  J.  Monroe,  K.  H.  Montgomery  and  Mason  were 
chosen  as  said  committee.  The  meeting  then,  on  motion,  pro- 
ceeded by  ballot  to  elect  a  Judge  PRO  TEM,  to  try  certain 
cases  wherein  it  was  urged  that  the  present  Judge  is  supposed 
to  be  an  interested  party,  the  result  of  which  was  that  Terril 
Esq.  recieved  103  votes  and  his  competitor,  S.  Shaeffer  Esq.  96, 
whereupon  Terril  Esq.  was  declared  duly  elected  said  Judge. — 
On  motion  the  meeting  now  adjourned  until  6  ocl.  P.M. 
to  hear  and  act  upon  the  report  of  the  committee,  at  which  hour 
the  meeting  reassembled  and  was  again  called  to  order  by  Presi- 
dent Chs.  Shetler,  when  the  committee  by  their  Chairman  Mr. 
Monroe,  made  a  majority  report  to  the  meeting,  which  was 
followed  by  a  minority  report  presented  and  read  by  Mr.  Mason, 
the  substance  of  which  was  embodied  in  the  form  of  an  act  or 
section  which  he  and  his  friends  wished  to  have  adopted  in  lieu 
of  the  19th  Section  of  the  majority  Report.  Then  on  motion 
followed  a  vote  on  the  adoption  of  the  Majority  report,  each  sec- 
tion of  which  was  read  and  acted  upon  separately,  and  after 
some  alterations  and  amendments  was  adopted.  At  the  reading 
of  the  19th  Sect,  the  friends  of  the  minority  report  by  motion 
brought  up  said  report  as  a  substitute,  which  was  lost.  Yeas 
34 — Nays  55 — upon  which  the  meeting  proceeded  to  elect  a 
justice  of  the  peace — which  resulted  in  the  election  of  R.  H. 
Montgomery  Esq,  by  acclamation.^ 

'  The  following  statements  were  found  in  Pleasant  Valley  Number  10 
District,  Records: 

This  is  to  Certify  that  R.  H.  Montgomery  Was  Elected  Justice  of  the 
Peace  of  Plasant  Valley  district  No  10  on  the  Evening  of  the  19th  day  of 
May  A.  D.  1860  by  Aclimation  or  by  a  unanimous  vote  of  the  miners  of 
the  above  district  this  the  21st  day  of  May  AD.  1860 

Charles  Shetler  Pres 
F  Howard  Recorder 

May  22nd  1860 

Oath  of  office 

I  Sollemley  Sware  that  I  Will  perform  the  Duties  of  Justice  of  the 
pace    in    plasant   Valley    district    No    10   Without    favoor    or    affection    or 
pregdice  or  Mallice  to  any  person  or  persons  So  help  me  God 
Attest 

Charles  Shetler  Pres  R.  H.  Montgomary 

F  Howard  Recorder 


PLEASANT   VALLEY   XUAIBER    10   DISTRICT  111 

On  motion,  the  committee  who  drafted  the  laws  was  re- 
quested to  copy  them  for  publication.  And  a  resolution  was 
passed  that  they  take  effect  from  and  after  their  passage.  The 
meeting  then  on  motion  adjourned  s.  d. 

Frank  M.  Cobb  Acting  Secretary.  Chs.  Shetler  President. 

Section  1.  Resolved  that  for  the  settlements  of  difficulty 
between  Miners,  and  for  the  purpose  of  preventing  and  settling 
the  same,  there  shall  be  an  annual  meeting  or  election  held  by  the 
miners  and  citizens  of  Pleasant  Valley  District  'No.  10,  on  the 
first  Monday  of  September  in  each  year  for  the  purpose  of  elect- 
ing a  President,  Justice  of  the  Peace,  Recorder,  Stake-master, 
and  Constable  or  Sheriff  in  said  district. 

2nd  It  shall  be  the  duty  of  the  President  to  preside  at  all 
meetings  of  the  District,  and  to  act  as  Judge  of  the  Supreme 
Court  of  said  Dist.  This  Court  shall  try  appeals  from  the  court 
below,  either  with  or  without  a  jury,  but  if  either  of  the  parties 
demand  a  jury  it  shall  be  granted.  Said  jury  shall  consist  of 
twelve  residents  of  the  Dist,  a  Venir  for  which  shall  issue  from 
this  court  and  the  panel  be  summoned  by  the  Sheriff  or  Const. 
The  Decision  of  this  court  shall  be  final.  When  any  person  or 
persons  are  aggrieved  in  regard  to  any  difficulty  which  may  arise 
between  parties  he  or  they  may  file  with  the  J.  P.  a  statement 
of  his  grounds  of  complaint,  but  the  Plaintiff  shall  not  be  al- 
lowed to  proove  anything  which  is  not  set  up  in  his  pleadings 
or  notice,  which  shall  also  have  the  name  of  the  party  or  parties 
complained  of,  and  a  prayer  that  they  may  be  summoned  and 
answer  within  not  less  then  two  or  more  then  five  Days,  from 
the  date  of  the  summons,  thereupon  the  J.  P.  shall  issue  a  sum- 
mons to  the  adverse  party  to  appear  and  answer,  and  if  they  fail 
to  appear  will  be  taken  as  true,  and  judgment  rendered  accord- 
ingly. In  case  of  suit  for  title  to  claims  the  party  winning  or 
gaining  the  suit  shall  be  entitled  to  a  writ  of  Ejectment  which 
shall  be  served  by  the  Sheriff  or  Constable,  putting  the  winning 
party  in  possession,  but  if  he  or  they  appear  and  answer  and 
either  of  the  parties  demand  a  Jury,  said  Jury  shall  consist  of 
six  Residents  of  tlic  District  and  mav  be  summoned  in  tlie  same 


112  GILPIN  COUNTY  RECORDS 

form  and  manner  as  in  tlie  Supreme  Court,  who  shall  proceed 
to  hear  the  evidence  and  try  the  case.  Both  Pltff  and  Deft  shall 
be  allowed  three  peremptory  challenges.  Appeals  may  be  taken 
from  this  court  to  the  Supr,  Court  by  the  appelants  paying  the 
cost  already  accrued.  Bonds  shall  be  given  before  either  party 
shall  be  entitled  to  an  appeal  to  the  Supreme  Court  to  pay  any 
judgment  or  cost  which  may  be  rendered  against  him  or  them 
in  said  Court.  The  verdicts  of  all  Jurys,  either  in  this  or  the 
Supr.  Court  must  be  unanimous. 

Section  3rd  The  Sheriff  or  Const,  shall  have  power  to 
serve  notices  and  executions  and  he  shall  have  power  to  summon 
parties  and  put  parties  in  possession  of  property  deemed  by  law 
to  be  wrongfully  withheld  from  them,  to  summons  Jurors  and 
to  do  such  other  services  as  a  Shff  or  Const,  in  any  other  place 
may  do  and  shall  be  entitled  to  receive  double  the  legal  fees  pro- 
vided by  the  statutes  of  Kansas, 

4th  The  Judge  of  the  Supreme  Court  and  the  Just,  of  the 
Peace  shall  be  entitled  to  five  dollars  for  trying  each  case, 

5th  The  Jury  and  witnesses  shall  be  entitled  to  $2.50 
each  day  for  their  services. 

6th  The  defeated  party  in  each  suit  shall  be  liable  for  all 
costs  which  if  not  paid  within  ten  Days,  the  court  before  which 
said  suit  is  tryed  shall  enter  up  JudgTiient  of  the  same  and  forth- 
with issue  execution  which  shall  be  levied  on  any  property  ex- 
ept  tools.  Bedding,  Clothing  and  cooking  utensils  of  said  party 
by  the  Sheriff  or  Const,  and  sold  at  public  sale  after  giving  ten 
Days  notice  of  said  sale. 

7th  In  all  cases  when  suit  is  commenced  the  Pltff  must 
give  security  for  all  Costs  and  in  case  he,  the  Pltff,  fail  to  give 
the  necessary  security,  the  case  may  be  discharged  thereupon. 

8th  The  fee  of  the  Recorder  shall  be  50cts  for  each  pre- 
emption claim  and  one  Dollar  for  each  Deed,  Bill  of  sale,  or 
article  of  agreement,  also  it  shall  be  the  duty  of  the  Recorder  to 
take  charge  of  and  safely  keep  all  records  heretofore  made  by 
his  predecessor.  All  persons  pre-empting  claims  and  having 
them  recorded  must  pay  the  Recorder  within  ten  days  after  the 


PLEASANT   VALLEY    NUMBER    10   DISTRICT  113 

time  tliey  are  recorded,  otherwise  they  forfeit  their  cLiim  or 
claims. 

9th  Xo  miner  shall  be  allowed  or  entitled  to  more  than 
one  ^  giileh,  one  Mountain  or  lode  claim  and  one  patch  claim 
also  one  water  claim,  exept  by  purchase  or  discovery  and  in  case 
of  purchase,  the  Bill  of  Sale  or  Deed  must  be  witnessed  by  at 
least  two  disinterested  witnesses,  which  shall  be  recorded  wdthin 
five  days  after  the  sale  thereof  if  he  is  not  working;  the  same. 

10th  ISTo  claim  shall  be  held  as  good  and  valid  unless  it 
be  staked  off  and  the  owners  name  correctly  written  thereon,  and 
when  claims  are  held  by  Companies  the  name  of  each  member 
must  appear  on  the  claim  and  be  renewed  as  often  as  by  design 
or  accident  they  may  be  obliterated  or  destroyed,  or  else  by  hav- 
ing the  certificate  of  preemption  or  Bill  of  sale  or  Deed  of  pur- 
chase recorded  in  the  books  of  the  District. 

11th  All  claims  shall  be  worked  within  ten  Days  after 
they  are  staked  off  in  case  they  are  in  a  condition  to  be  worked, 
otherwise  forfeited  discovery  claims  exepted  and  also  one  pur- 
chased claim  to  each  man,  provided  however  that  this  Section 
shall  not  be  so  construed  as  to  render  it  necessary  when  large 
companies  have  claims  in  one  body  that  each  particular  one 
must  be  worked  at  the  same  time. 

12th  In  all  cases  when  claims  are  legally  held  by  Com- 
panies but  detached  from  each  other  by  intervening  claims,  it 
shall  not  be  necessary  for  said  Company  to  work  in  each  claim 
to  hold  them  all  provided  the  Co.  are  at  work  on  one  or  more  of 
theyr  claims. 

13th  In  all  cases  where  claims  are  held  by  recording 
either  by  preemption  or  purchase  the  name  of  each  member  must 
appear  on  the  record  of  said  claim  or  claims. 

14th  Be  it  enacted  that  the  owner  or  owner [s]  of  a  claim 
or  claims  shall  have  the  right  of  way  through  the  adjoining 
claim  or  claims  below  to  put  in  a  ditch  to  drain  his  claim  or 
claims,  provided  it  shall  be  judicially  located  by  three  dis- 
interested miners.     And  if  the  owner  or  owners  of  the  claims 

'  In  the  later  copy  the  nvimber  is  three. 
5 


114  GILPIN  COUNTY  RECORDS 

through  which  the  ditch  passes  shall  stop  or  destroy  said  ditch, 
the  damages  shall  be  assessed  by  three  disinterested  miners  and 
collected  as  other  debts  and  fines. 

15th  No  miner  shall  run  tailings  or  throw  waste  dirt  or 
rock  upon  the  adjoining  claims  without  permission  of  the  own- 
ers of  said  claims  exept  such  as  will  naturally  run  in  the  water 
from  the  Tom,  Rocker  or  Sluice,  when  washing  and  then  they 
will  not  be  permitted  to  throw  them  out  of  the  ditch  upon  the 
adjoining  claim  without  leave  of  the  owner  of  said  claim,  any 
one  \dolating  the  pro\'ision  of  this  act  shall  be  liable  to  the  in- 
jured party  for  the  damages,  which  shall  be  assessed  by  three 
disinterested  miners. 

16th  The  President  only  shall  have  power  to  call  an 
annual  meeting  on  the  first  day  of  Septeml^er  in  each  year  and 
at  such  other  times  as  the  miners  of  this  District  shall  deter- 
mine, whenever  a  petition  of  10  Citizens,  actual  Residents,,  shall 
sign  a  call  to  that  effect,  and  no  person  shall  be  allowed  to  vote 
until  he  shall  have  lived  in  the  District  ten  Days.  The  Presi- 
dent shall  give  three  days  notice  of  each  and  every  meeting  by 
posting  three  notices,  one  in  each  of  the  most  conspicuous  places 
in  the  District. 

17th  Be  it  enacted  that  any  miner  that  in  any  manner 
obstruct  the  free  passage  of  water  to  or  from  a  Sluice,  Tom  or 
Rocker,  or  builds  a  dam  that  will  back  water  on  the  claim  above 
or  cause  the  same  to  be  built  shall  be  liable  to  the  injured  party 
for  the  damages  which  shall  be  assessed  by  three  disinterested 
miners. 

18th  And  be  it  further  enacted  that  either  Plaintiff  or 
Defendant  in  any  suit  commenced  or  pending  in  this  District 
and  to  be  decided  by  the  laws  of  the  same,  shall  have  power  to 
change  or  remove  the  said  suit  by  change  of  venue  or  otherwise 
to  the  next  nearest  adjoining  District  for  trial  by  filing  an  affi- 
davit before  the  Court  and  l>efore  the  Jury  is  sworn,  that  said 
court  is  a  prejudiced  party  or  an  important  witness  in  the  case. 

19th  All  records  that  are  made  after  the  passage  of  this 
act  shall  admitt  of  parole  testimony  provided  there  shall  be  any 
descrepancy  in  the  Records. 


PLEASANT   VALLEY    NUMBER    10    DISTRICT  115 

20th  All  acts  or  laws  or  part  of  either  heretofore  passed 
or  in  use  in  this  District  which  conflict  with  any  of  the  nineteen 
forgoing  section  are  hereby  repealed.^ 

LAWS  REGARDING  LODE  CLAIMS  AND  QUARTZ 
MILL  SITES  &c2 

Acording  previous  notice  of  Meeting  of  the  Miners  of  Plas- 
ant  valley  district  No  10  convened  at  the  house  of  W.  S.  Spear 
to  adopt  Som  Laws  in  regard  to  Lode  Claims  And  Mill  prive- 
liges  the  Meeting  Was  Called  to  order  by  Chas  Shetler,  Pres. 
and,  R.  ^lontgomery  Was  Elected  Secretary  of  Said  Meeting 
the  object  of  the  Meeting  was  then  Explained  by  Chas  Shetler. 
Pres. 

on  Motion  of  R,  Courtright  a  Comittee  of  three  Should  be 
appointed  to  draft  Resolutions  and  Laws  in  regard  to  Mill  previ- 
leges  &c 

W  Scott  ] 

A.  F.  Dunshee  \-  Comitte  appointed 

Montgomery        J 

the  Comitte  then  retired  to  draft  resolutions  to  be  adopted  by 
the  Meeting.     Report  of  Committee  was  Adopted  as  followes 

Whereas  A.  1.     adopted  Resolutions 
Articel        2nd  " 

3rd 

"  4th 

"  5th  "       With  amendments  Carried  as  follows 

Resolved  that  any  Quartz  Claim  Which  have  been  pre- 
empted or  i)urchased  during  the  past  year  or  pre-empted  or  Pur- 
chased the  present  year  Shall  hold  good  untill  the  1st  day  of 
June  A.D.  1860  by  Recording  siiid  Claim  acording  to  the  pres- 

'  The  next  entry  in  the  manuscript  is  dated  Oetolwr  30.  1800.  For 
the  sake  of  chronolojiy  other  material  is  here  inserted.  Another  copy  of 
the  laws  of  May  0,  1800,  witli  sli^lit  variations,  owurs  at  a  later  point  in 
the  Teller  Manuscript. 

"^  Minutes  from  this  point  through  SeptemlKM  :{.  18(»0,  were  taken  from 
Pleasant  Valley  Numher  10  District,  Records. 


116  GILPIN  COUNTY  RECORDS 

ent  laws  of  the  district.     Motined  and  Seconded  that  the  meet- 
ing ajouren     Carried 

E..  Montgomery,  Secretary 
F  Howard  Recorder  of  Pleasant  Valley  district  IST  10 

Pleasant  Valley  district  No  10 

Whereas  the  Succes  of  the  country  depends  mainly  upon 
the  development  of  quartz  Lods.  &  Whareas  it  requires  Capital 
to  intreduce  the  ISTecessary  Machinery  to  Wit  Quartz  Mill  &x?. 
&c  therefore  we  as  Miners  &  Cityesens  deem  it  proper  right  & 
ISTecessary  to  offer  Suitabell  inducements  to  this  Kind  of  Capi- 
tal, therefore  be  it  Resolved  first  that  any  person  or  persons 
who  will  put  up  a  quartz  Mill  this  Season  Shall  be  Entitled  to 
200  feet  up  and  down  the  Gulch  &  400  hundred  feet  Wide,  for 
a  Mill  Site.  &  in  case  any  Claim,  for  Mining,  or  house  Claim 
Shall  have  been  located  upon  Such  Site,  previous  to  the  location 
of  the  Quartz  Mill,  Shuch  Claim  Shall  be  respected  unless  posi- 
tively required  for  Room,  wdien  Said  Claim  Shall  be  appraised 
by  a  Committee  of  three  to  be  Selected  by  the  president  of  the 
District.     Which  apprisement  Shall  be  Paid  to  the  owner — 

2nd.  Resolved  that  Quartz  Mill  Sites  Shall  have  the  pref- 
erance  as  to  title  &  Water  &  no  mining  Shall  be  allowed  upon 
Such  Site  Without  Consent  of  the  owner 

3rd  Resolved  that  80  acres  of  Timber  Shall  be  allowed 
for  Each  Quartz  Mill,  upon  the  claimants  having  the  Same  Sur- 
vayed  Marked  out  &  recorded  in  the  district 

4th  Resolved  that  any  Quartz  Claims  Which  have  Been 
pre-empted  or  Purchased  during  the  past  year  Shall  hold  Good 
untill  the  1st  day  of  June  A.D.  1861. 

5th  Resolved  that  the  required  evidence  of  the  intention 
of  Persons  to  put  up  Mills  Shall  be  Working  upon  Said  Site 
untill  Said  Mill  is  Erected  &  the  intentions  of  these  mils  is  that 
Xo  one  Shall  take  up  Mill  Sites  for  the  purpose  of  Speculation 

Walter  Scott 
A.  F.  Dunshee 
R.  F.  Montgomery 
F.  Howard    Recorder  of  Pleasant  Vallev  District  ISTo  10 


PLEASANT   VALLEY   NUMBER    10   DISTRICT  117 

Notice 
Acording  to  the  petition  directed  to  me  of  Ten  of  the  Min- 
ers, of  this  district  for  a  Miners  IMeeting  to  pass  a  Law  Relative 
to  Farming  Claims  in  this  district  apoint  a  meeting  of  the  Min- 
ers of  this  district  on  Monday  Evening  Angiist  20th  at  7  oclock 
at  Mr.  Oldhams  Store  Lake  Gulch  Quincy  City. 

August  I7th  1860  Plasant  Vally  district  No  10 

M.  S.  White  Press 

LAW  REGARDING  FARMING  CLAIMS 

Pleasant  Valley  district  Aug  20th  1860 

1  The  house  Was  Caled  to  orter  and  H.  E.  Glazier  Was 
Appointed  as  Secretary  and  the  following  resolutions  Were 
adopted — 

2d  Resolved  that  a  farming  Claim  in  this  District  Shall 
be  160  acres 

3d  Resolve  that  a  farming  Claim  Shall  be  Recorded  and 
Ocgupide  as  Such  in  the  (7)  Summer  Months  in  order  to  Make 
the  Claim  Good 

4th  That  all  persons  actually  ocuping  and  Cultivating  a 
farming  Claim  Shall  be  entitled  to  the  Timber  there  on  Said 
Claim 

M.  S.  White  Press 
F  Howard  Recorder  of  Plasant  vally  H.  E.  Glazier  Secretary 

Pleasant  Valley  district  Sept  4th  1860 
We  hereby  certify  that  A. P.  Williams  was  duly  Elected 
Justice  of  the  peace  for  Plasant  Valley  District  No  10.  on  the 
3d  Sept  1860 

H.  A.  Phenney  ^ 
A.H.  Blair       ]  Edward  Rolph    I  Judges 

H.  E.  Glazier  J   ^^^""^^  W.  S.  Spear        J 

F.  Howard  Recorder  of  Plasant  Vally  District 

Pleasant  valley  district  Sept  4th  1860 
We  hereby  Certify  that  F.  Howard  was  duly  Elected  Re- 


118  GILPIN  COUNTY  KECORDS 

corder  for  Pleasant  Valley  district  No  10,  on  the  3d  Sept  1860 

H.  A.  Phenney   ^ 
A.  H.  Blair      1    pi    ^  Edward  Rolph      I  Judges 

H.  E.  Glazier  J    ^  ^^^  W  S.  Spear  J 

F,  Howard  Recorder  of  Plasant  Valley  District 

MINUTES  FROM  OCTOBER  30, 1860,  TO  APRIL  20, 1861 

*  Pursuant  to  a  call  by  Anson  Ford  Esq.  President  of 
Pleasant  Valley  District  No.  10,  for  a  meeting  of  the  miners  of 
said  Dist.  at  the  mouth  of  Elkhorngulch  on  the  30th  day  of  Oc- 
tober A.D.  1860  at  one  oclock  P.M.  the  meeting  was  called  to 
order  by  the  President,  and  Ben  Dittes  chosen  Secretary,  The 
President  after  reading  the  present  laws  laid  them  before  the 
assembly  for  alteration  and  amendments. 

Sections  one,  two,  three,  four  and  five  were  adopted  with- 
out alteration. 

On  motion  of  A.  McKaskall  Esq.  an  alteration  was  adopted 
in  Section  six. —  The  time  allowed  for  paying  up  costs  in  any 
lawsuit  was  limited  from  ten  to  three  days  and  the  time  for 
giving  notice  of  a  Sheriffs  sale  from  ten  to  seven  Days.  Section 
seven  was  adopted  without  alteration.  On  motion  of  G.  G.  Hop- 
kins Esq.  the  following  amendment  to  Section  eight  was 
adopted.  The  recorder  shall  be  paid  invariably  in  advance, 
otherwise  the  party  or  parties  shall  forfeit  their  claim  or  claims. 

On  motion  of  the  same  gentlemen  the  follovidng  alteration 
was  adopted  in  Section  nine.  No  miner  shall  be  allowed  or 
entitled  to  hold  more  than  three  (originally  one)  gulch  claims 
by  preemption. 

Section  ten  was  adopted  without  alteration. 

On  motion  on  Section  eleven  it  was  resolved  that  Discovery 
and  purchased  claims  were  exempted  from  being  worked  every 
tenth  day. 

Sections  twelve,  thirteen  and  fourteen  were  adopted  with- 
out alteration. 

On  motion  the  words :    '"by   three   disinterested   miners" 

'  From  this  point  the  minutes  were  taken  from  the  Teller  Manuscript. 


PLEASANT   VALLEY    NUMBER    10   DISTRICT  119 

were  struck  out  iu  Sections  Fifteen  and  seventeen.  Section 
sixteen  was  adopted  without  alteration.  Section  eighteen  was 
struck  out  and  tlie  following  substituted :  Be  it  resolved  that 
all  claims  shall  be  represented  by  their  respective  owners  or 
their  agents,  otherwise  the  claims  shall  fall  back  into  their 
normal  state  and  be  open  for  preemption.  Section  nineteen 
and  twenty  w^ere  adopted  without  alteration. 

The  meeting  then  on  motion  passed  the  following  Resolu- 
tion: 

Resolved  that  in  the  opinion  of  the  convention  one  more 
magistrate  ought  to  be  created.  Wliereupon  A.  McKaskall  Esq, 
was  nominated  as  Justice  of  the  Peace  and  duly  elected  by  ac- 
clamation.    On  motion  the  meeting  adjourned  s.  d. 

Ben  Dittes  Anson  Ford 

Secretary.  President.^ 

Pursuant  to  a  call  of  A.  Ford  Esq,  in  compliance  with  a 
petition,  signed  by  ten  miners  of  P.V.D.  l^o.  10,  a  meeting 
was  held  on  Monday,  April  20th  A.D.  1861  at  the  house  of  A. 
McKaskall  Esq. 

The  meeting  was  called  to  order  by  A.  Ford  Esq  and  Ben 
Dittes  choosen  Secretary. 

The  Pres.  then  stated  the  object  of  the  meeting,  and  then 
advised  the  miners  to  acknowledge  the  independence  of  the 
lower  end  of  this  Dist.  and  run  a  dividing  line  between  the  two 
Dists.  Capt  J.  F.  Hall  then  addressed  the  meeting  and  offered 
a  motion  which  after  several  alterations  was  adopted  as  an- 
nexed below: 

On  motion  of  J.  F.  Hall  Esq.  the  following  Resolution 
was  adopted :  Resolved  that :  If  the  majority  of  the  miners 
of  the  lower  end  of  this  Dist.  wish  to  be  sett  off  as  independ- 
ent of  Pleasant  Valley  District  No.  10,  we  the  miners  of  said 
District  are  willing  to  relinquish  all  our  right  and  title  of  said 
lower  end  of  P.  V.  D.  No.  10,  provided  they  will  appoint  a 
commissioner  to  cooperate  with  a  commissioner,  to  be  appointed 

'  At  this  point  in  the  manuscript  another  copy  of  the  laws  of  May  19, 
1860,  was  inserted. 


120  GILPIN  COUNTY  RECORDS 

on  the  part  of  PL  V.  Dist.  No.  10,  in  running  a  dividing  line 
between  the  District. 

On  motion  of  J.  F.  Hall  Esq. — A.  Marshall  was  nomi- 
nated as  Commissioner  on  the  part  of  PI.  V.  Dist  'No  10,  to 
run  a  line  on  the  lower  end  of  the  Dist. — and  he  was  duly  elected 
by  acclamation. 

On  motion  of  A.  MoKaskall,  J.  F.  Hall  Esq  was  nomi- 
nated as  Justice  of  the  Peace  and  duly  declared  elected  by  ac- 
clamation. 

On  motion  of  P.  Howard  Esq,  the  meeting  adjourned  sine 
die. 

Be  it  enacted  that  the  title  to  all  Lode  Mill  and  Kanch 
claims  recorded  in  this  District  from  and  after  the  first  Day  of 
January,  A.D.  1861  shall  be  regarded  and  held  as  perpetual, 
unless  the  owner  shall  by  his  indifference  or  neglect  of  them 
for  the  space  of  one  year,  proove  that  he  regards  them  of  no 
value  or  consequence,  in  which  case  his  particular  title  shall 
cease  and  become  null  and  void. 

Ben  Dittes  Anson  Ford 

Secretary  President 


QUARTZ  VALLEY  DISTRICT 


MINERS'  MEETING.! 

At  a  meeting  of  the  citizens  of  "Quartz  Valley  District," 
held  on  the  5th  day  of  Xovember,  1859,  John  King  was  called 
to  the  Chair,  and  F.  Y.  Howe  was  chosen  Secretary. 

A  motion  was  then  made — and  carried — that  a  new  dis- 
trict, to  be  known  as  "Quartz  Valley  District"  be  erected  accord- 
ing to  the  limits  prescribed  in  the  following  resolutions ;  to  wit : 

Resolved,  That  we  the  people  of  Quartz  Valley  District, 
hereby  enact  and  create  a  new  district,  to  be  known  and  called 
as  hereinbefore  stated — to  be  bounded  as  follows,  to  wit:  On 
the  North  by  the  North  branch  of  Clear  creek ;  on  the  east,  by 
a  north  and  south  line,  passing  by  Castle  rock ;  on  the  south  by 
the  divide  between  this  and  Eureka  district;  on  the  west  by 
the  Snowy  range. 

The  meeting  proceeded  to  the  election  of  the  following 
officers :  William  H.  Hurlbut  was  elected  President,  and  F.  Y. 
Howe  Recorder  and  Secretary  of  the  district. 

Laws  were  passed  for  the  government  of  the  district.^  The 
editor  of  the  Rocky  ]\Iountain  News  was  requested  to  publish 
the  proceedings  and  the  meeting  adjourned. 

Wm.  H.  Hurlbut  Pres't. 
F.  Y.  Howe  Secretary. 

^  Rocky  Mountain  News,  Xov.  24,  1859,  p.  1. 
'  The  laws  have  not  come  to  light. 


121 


NEVADA  DISTRICT 


MINUTES,  JANUARY  21— SEPTEMBER  28,  1860^ 

Nevada  District  R.  M.  Jan  21st  1860 
Pursuant  to  call  an  adjourned  meeting  of  Miners  met  at 
the  Burrou[gh]s  Tunnel  House,  for  the  purpose  of  adopting 
laws  for  their  future  government,  and  electing  officers  to  fill  all 
ofiices  created,  for  the  ensuing  year.  The  Meeting  was  duly  or- 
ganized by  electing  Dr.  J.  W.  McCabe  Pres.  and  M  H  Dale 
Sec.  On  call  the  chairman  of  Committee  elected  at  former 
Meeting  to  draft  a  code  of  laws  read  their  report.  On  Motion 
the  report  was  adopted  in  a  body  except  such  articles  as  were 
objected  to  on  first  reading.  On  Motion  Art  giving  privilege  to 
Stake  Claims  for  friends  was  so  amended  as  to  include  only 
persons  in  the  Mines.  Art.  2nd  was  amended  by  Striking  out 
all  relating  to  garden  and  timber  claims.  The  Art  amended 
by  the  committee  affixing  penalties  to  any  person  or  persons 
found  guilty  of  removing,  defacing  or  changing  Mining  Stakes 
so  as  to  infringe  on  any  other  Mining  claim  was  adopted  as 
amended.  Report  as  amended  adopted  as  a  whole.  Meeting 
adjourned  to  1  o.c.  fixed  time  for  opening  poles. 

Prest.  J.  W.  McCabe 
Sect  M.  H.  Dale 

Saturday  Feb.  4th  1860. 

Pursuant  to  a  call  of  the  President  the  miners  of  New 
Nevada  District  met  at  the  Tunnel  house  of  Burroughs  &  Co 
at  4  O.C.  P.M.  the  meeting  being  called  to  order  the  President 
stated  the  object  of  the  Meeting  which  being  this  that  J  Beverly 
late  Dept.  Recorder  Refusing  to  give  up  the  Books  to  the  pos- 
session of  the  late  Recorder  Elected  under  the  New  Laws  of 
this  District  and  for  the  Miners  to  take  Some  efficient  means 

^  The  original  entitled  "Manuscript  Proceedings  of  the  Miners'  Meet- 
ings of  Nevada  District  in  Gilpin  County,  from  January  21,  A.  D.  1860, 
to  Sept.  28,  A.  D.  1860,"  is  the  property  of  the  State  Historical  and  Natural 
History  Society.    It  was  presented  to  the  Society  by  E.  F.  Wells. 

12? 


NEVADA  DISTRICT  123 

to  place  the  old  Records  in  the  hands  of  the  Recorder  Elected 
and  all  so  in  refference  to  Art  14th  which  relates  to  the  Timber 
Law  of  this  destrict  which  prevents  citizens  of  other  Districts 
coming  to  this  District  and  felling  or  hailing  off  timber  but  hav- 
ing no  penalty  attached  the  timber  law  then  taken  up  and  after 
a  Short  debate  article  14th  refurring  to  the  law  on  timber  was 
stricken  out  bv  a  unanimous  vote  the  right  of  recorders  was 
then  taken  up  and  after  a  short  debate  it  was  moved  and  sec- 
onded that  J.  Beverly  give  over  all  books  and  records  belonging 
to  the  district  which  he  held  in  his  posession  to  R  D  Darlington 
and  on  motion  being  put  was  carried  by  a  unanimous  vote  the 
meeting  then  ajoumed. 

J.  W.  Fries  President 
R.  D.   Darlington  Sect. 

Nevada  District  Feb  11th  A  D  1860 

Persuant  to  call  of  the  President  of  ISTew  Nevada  District 
the  miners  met  at  the  house  of  J.  R  Beverly  at  4  O.  C  P  M  the 
meeting  being  cald  to  order  the  object  of  the  meeting  was  made 
knowen  by  the  president  reading  the  following  Note  dated  Feb 
6th  AD  1860  President  Fries  the  following  members  of  the 
comittee  framing  the  Laws  of  this  District  authorize  you  to 
call  a  meeting  of  the  miners  on  Saturday  the  11th  of  Feb  at 
4  O  C  P.  M  at  the  house  of  J.  M.  Beverly  signed. 

J  W  Bowls      John  Addis      C  Sulivan      J  W  McCabe 

The  object  of  the  meeting  was  to  amend  Articles  30th  44th 
&  47th  of  the  Laws  of  this  district  all  of  which  were  taken  up 
separately  an  Discust  but  on  motion  to  amend  ware  severaly 
lost  to  amend  and  remain  as  first  adopted. 

J  W  Fries  President 
R  D  Darlington  Sect 

New  Nevada  District  Feb  29th  A  D  1860 

Persuant  to  a  call  of  the  President  the  miners  of  New 
Nevada  District  met  at  the  house  of  B  Burroughs  at  early 
candle  lighting  on  the  evening  of  the  29th  day  of  Feb  A  D  1860 
for  the  purpos  of  apointing  delegats  to  the  convention  to  bo  held 


124  GILPIN  COUNTY  RECORDS 

at  Mountain  City  March  1st  AD  1860  for  the  purpos  of  Defin- 
ing the  boundaries  of  Different  Districts  when  upon  motion 

J  W  Fries  R.  D.  Darlington  Ira  H.  Morton 
wher  chosen  as  the  delegats  to  represent  New  IsTevada  District 
in  said  convention. 

after  which  on  motion  of  I  H  Morton  to  amend  Article 
32nd  of  the  laws  in  reference  to  the  recorders  fee  for  Recording 
so  as  to  alow  the  recorder  the  sum  of  fifty  cts  per  every  claim 
recorded  in  place  of  50  cts  per  every  article  under  one  hundred 
words  which  amendment  was  carried. 

J  W  Fries  President 
E.  D  Darlington  Sect 

ISFew  ISTevada  District  April  14th  1860  on  call  of  the  Presi- 
dent with  the  usual  notice  the  miners  met  at  the  house  of  B. 
Burroughs  in  ISTevada  District  for  the  purpose  of  considering 
the  propriety  of  passing  sum  Law  by  which  miners  not  having 
water  convenient  might  be  allowed  to  hold  thare  claims  untill 
such  could  be  procured  but  a  majority  thought  the  Laws  were 
suficiently  explicit  so  it  was  not  discused  President  Fries  ten- 
derd  his  resig-nation  as  President  of  the  District  on  the  ground 
that  he  was  a  bout  to  leave  the  District  which  was  excepted 
and  on  motion  of  M  H  Dale  a  vote  of  thank  was  tenderd  Presi- 
dent Fries  for  the  able  manner  in  wich  he  fild  his  office. 

On  motion  of  Mr.  Thomas  Giddings  that  their  shall  be  a 
regular  meetin  of  the  miners  of  New  Nevada  District  once  in 
each  month  and  to  meet  on  the  Last  Saturday  in  each  month 
and  any  person  or  persons  woshing  to  have  a  called  meeting 
can  do  so  by  paying  in  to  the  hands  of  the  president  five  Dollars 
for  to  pay  him  for  posting  Notices  for  said  meeting,  which  was 
carried. 

On  Motion  it  was  resolved  that  the  Justice  should  call  an 
election  for  the  purpose  of  election  a  President  in  the  place  of 
Mr.  Fries  resigned  and  as  the  Justice  was  not  Present  the  re- 
corder should  notify  him  of  the  proceedings  of  the  meeting  th 
meting  then  ajoumed 
J.  W.  Fries  President 
R  D  Darlington  Sect 


NEVADA  DISTEICT  125 

At  a  Meeting  of  the  Miners  of  Nevada  District  held  on  Sat- 
urday the  28th  of  April  I  H  Morton  President  the  following 
resolutions  were  offered. 

1st.  Resolved  that  wee  will  Sustain  E.  D.  Darlington  as  the 
recognized  Reeorder  of  this  District  according  to  Laws  Passed  at 
the  time  of  his  Election  as  well  as  the  laws  passed  at  that  time 
to  wit  Jan  21st  A  D  1860       Carried 

2nd.  Resolved  that  S.  M.  Link  the  Recorder  elected  pre- 
vious to  R  D  Darlington  Shall  deliver  to  Said  R  D  Darlington 
all  the  books  Records  and  papers  in  his  possession  belonging 
to  this  District     Carried. 

3rd.  A  Resolution  was  offered  bv  Mr.  Odell  that  persons 
bringing  suits  may  at  their  option  commence  suit  [before]  either 
the  Justice  or  president  and  if  parties  consider  themselves  ag- 
grieved shall  be  granted  a  change  of  venue  to  take  the  case 
before  the  President.     Lost. 

The  following  Resolutions  were  offered  by  Mr.  Pitcher 
Whereas  we  the  Miners  of  iSTew^  Nevada  District  wish  to  ad- 
vance the  interests  and  promote  peace  harmony  order  and  a  good 
understanding  between  man  &  man  and  believing  that  the  al- 
lowing Countemancing  or  encouraging  of  low  Body  Houses 
Grog  Shops  and  gamboling  Saloons  to  be  degrading  to  the  Mor- 
rals  detrimental  to  the  sway  of  peace  and  order  and  Disgraceful 
to  the  name  and  character  of  the  District 

Resolved  that  there  shall  be  no  Bawdy  Houses  Grog  shops 
or  Gamboling  Saloons  within  the  Limits  of  this  District  and 
any  person  or  Company  of  persons  bringing  or  keeping  such 
nuisances  within  the  limits  of  this  District  shall  lay  himself 
lial)le  to  a  fine  of  $50.00  and  be  warned  to  discontinue  the 
Same  and  if  the  nuisances  is  not  abated  the  party  or  parties 
so  violating  this  regulation  shall  be  fined  $50.00  and  given  five 
days  wherein  to  leave  the  District  and  it  shall  be  the  duty  of  the 
Sheriff  of  this  District  to  See  that  this  law  is  inforced  and  one 
half  of  the  fine  for  Such  offence  Shall  he  given  to  the  Sheriff 
while  the  remaining  half  Shall  be  Deposited  with  the  president 
Subject  to  the  order  of  tlie  miners  in  Mass  Meeting     Adopted. 


126  GILPIN  COUNTY  RECORDS 

On  Motion  the  meeting  then  ajoiirned  to  meet  on  the  Last 
Saturday  in  May  the  time  of  the  next  regular  meeting 

I  H  Morton  President 
R.  D.  Darlington  Secretary 

Monday  May  14th  1860 

Persuent  to  a  cald  meeting  of  the  miners  of  l^ew  l^evada 
District  by  the  President  on  the  request  of  A  J  Edwards  the 
miners  met  at  the  tunnel  house  of  B  Burroughs  at  one  1  o  c  P  M 
on  account  of  absence  of  the  president  from  the  district  Mr  J 
Jones  was  unanimously  chosen  president  protem  the  meeting 
being  cald  t-o  order  and  after  remaining  open  for  sum  time 
and  No  buisness  being  brought  befor  it  a  motion  to  ajourn 
being  presented  till  the  !Nex  regular  meeting  by  the  president 
which  was  carried  the  meetin  then  brok  up  to  meet  May  26th  the 
day  of  the  next  regular  meting-. 

John  Jones  P 

R.  D.  Darlington  Sect. 

Nevada  District  Saturday  May  26th  1860 

Pursuant  to  a  call  of  the  President  with  the  usual  notice 
the  miners  met  at  the  house  of  B.  Burroughs  in  Nevada  District 
I.  H.  Morton  President  and  the  following  resolutions  were 
offered. 

1.  Resolved.  That  to  rule  is  a  right  exercised  by  all  Free 
American  Citizens,  and  in  the  absence  of  Civil  Law,  it  is  their 
Sovereign  Authority  to  select  men  for,  and  adopt  all  needful 
and  salutary  rules  for  their  Government. 

2d  Resolved.  That  all  claims  for  mining  purposes  and 
building  lots,  taken  in  good  faith  or  acquired  by  purchase  under 
the  prevailing  laws  of  Nevada  District,  when  not  conflicting 
with  prior  claims,  shall  be  taken  and  held  valid,  according  to 
the  Code  of  Laws  prevailing  at  the  time  acquired,  either  by  pre- 
emption of  purchase. 

3d  Resolved.  That  in  all  Elections  to  be  had,  and  deci- 
sions to  be  made,  touching  interests  involved  in  Nevada  District, 
the  votes  to  be  given  or  decisions  made  shall  be  by  the  actual  resi- 


NEVADA  DISTRICT  127 

dents  or  active  operators  of  the  district  and  that  the  laws  of 
the  district,  be  so  amended  as  to  accord  with  this  resolution. 

4th  Resolved  On  motion  of  Mr.  Giddings,  that  a  com- 
mittee of  five  be  appointed  to  collate  &  bring  together  all  Laws 
now  in  force  in  this  district  both  old  and  new  and  submit  the 
same  to  the  next  regular  meeting  for  approval. 

I.  H.  Morton 

S.  Link 

John  Jones  I  Committee 

E.  D.  Darling-ton 

S.  M.  Link 

5th  Resolved.  That  all  claims  made  by  purchase  in  good 
faith,  shall  be  held  as  real  estate  till  the  1st  of  Jvme  1861. 

6th  Resolved.  That  all  dry  claims  shall  be  securely  held, 
until  water  can  be  procured  so  that  they  may  be  worked  with 
profit  and  advantage. 

7th  Resolved.  That  the  judgement  of  the  Miners  Court 
in  favor  of  Thos.  C.  Giddings  against  A.  J.  Edwards  and  others, 
heretofore  rendered  by  said  Court,  be  &  the  same  is  hereby  de- 
clared to  be  confirmed  and  ratified  by  this  meeting  and  is  hereby 
declared  to  be  final  between  the  said  parties. 

8th  Resolved.  That  whereas  it  has  come  to  the  knowledge 
of  the  miners  of  this  district  that  a  certain  Mrs  Shields  has  been 
forcil)ly  driven  from  a  claim  which  she  held  and  worked  last 
summer,  therefore  we  the  miners  of  this  Nevada  District  award 
tlie  claim  to  Mrs.  Shields  and  deprecate  all  such  forcable  means 
of  taking  possession  of  claims. 

9th  Resolved.  That  all  roads  and  streets  now  laid  oiT  and 
worked  by  the  people  of  this  district  and  that  may  be  hereafter 
laid  off  and  w^orked  by  said  people  shall  be  recognized  as  legal 
highways  for  public  travel. 

The  above  resolutions  being  adopted  the  meeting  was  ad- 
journed to  meet  on  the  last  Saturchiy  in  June  18(50. 

I.  TI.  Morton,  Presd, 
R.  D.  Darlington,  Secy. 


128  GILPIN  COUNTY  RECORDS 

I^evada  District. 

Saturday  July  14th  1860  at  a  Call  meeting  of  the  miners 
of  Nevada  District  July  14th  1860  Ira.  H.  Morton  President 
of  said  District  Presiding.  S.  M.  Link  offered  the  following 
Resilution. 

Resolved  That  while  we  Recognize  the  Settled  principals 
of  Law  as  a  Rule  By  which  Americans  Should  be  governed  we 
deprecate  all  attempts  that  has  a  tendency  to  create  discord 
Contentions  or  litigations  unnecessarily  and  in  the  future  we 
the  miners  of  JSTevada  District  declare  that  all  attempts  to  cut 
down  or  take  the  Legal  and  Equitable  Rights  of  Miners  or  Claim 
Holders  when  Clearley  secured  by  previous  Existing  Law  Shall 
be  Considered  incendiary  and  Revolutionary  and  all  persons  so 
offending  shall  be  considered  as  ineligible  to  any  of  the  Rights 
and  privelages  Secured  to  Miners  and  Claim  holders  by  the 
Laws  of  this  District.  An  amendment  to  the  above  resolution 
was  offered  by  Mr.  Burris.  The  President  declared  the  first 
Clause  of  said  Amendment  out  of  order  Aii  appeal  was  taken 
to  the  miners  upon  decission  of  the  President,  and  the  discision 
of  President  in  declairing  first  Clause  of  said  Amendment  out 
of  order  sustained.  The  Amendment  was  then  withdrawn  by 
Mr.  Burris.  S.  M.  Link  then  moved  the  adoption  his  resolution 
which  was  carried  Mr.  Bowles  then  offered  a  resolution  which 
was  lost  and  withdrawn  There  being  no  further  business  before 
the  meeting  on  motion  it  adjourned  to  the  next  regular  meeting. 

R.  D.  Darlington  Secy 
By  G.  W.  Hart,  Deputy. 

l^evada  District,  Saturday  July  28  1860. 

At  a  regular  meeting  of  the  Miners  of  ]S"evada  District 
held  July  28  1860  Ira  H.  Morton  President  Presiding. 

John  Jones  as  one  of  the  Committee  appointed  to  compile 
the  Laws  of  Nevada  District  asked  for  further  instructions.  On 
motion  the  said  Committee  was  granted  until  the  next  regular 
meeting  in  which  to  make  a  report.  On  motion  a  Practice  Act 
for  New  Nevada  District  was  offered  read  and  refered  to  codi- 
fying Committee  with  instruction  to  revise  and  report  at  next 


NEVADA  DISTRICT  129 

meeting.  Mr.  Miner  [  ?]  then  offered  the  following  Resolution, 
"Resolved  bj  the  Miners  of  Nevada  District  in  Council  as- 
sembled, that  in  all  cases  when  the  president  or  Justice  are  in- 
terested parties  in  any  suit  or  cause  of  action,  or  where  an  affi- 
davit shall  be  filed  before  any  officer  of  this  District,  setting 
forth  that  the  party  applying  cannot  in  his  opinion  obtain  a  fair 
and  impartial  trial  of  any  cause  in  which  he  may  be  interested 
The  said  party  may  bring  his  action  before  the  Judge  or  Presi- 
dent of  the  other  District  the  papers  certified  to  and  sent  out 
of  the  District  and  the  judgement  rendered  therein  shall  be  as 
final  and  conclusive  as  if  rendered  by  any  competent  officer  of 
this  District"  On  motion  the  above  resolution  was  laid  on  the 
table  on  motion  of  Mr.  Bowles  the  meeting  adjourned. 

A.  D.  Darlington  Secy 
By  G.  W.  Hart,  Deputy. 

N"evada  District  Aug  25/60 

At  a  regular  meeting  of  the  miners  of  T^evada  District  held 
at  the  Recorders  office  in  said  District  on  Saturday  Aug  25  1860 
Dr.  Mann  Brest  in  the  chair  the  following  resolutions  were 
handed  in 

Whereas  greater  security  should  and  ought  to  be  given  to 
miners  and  claim  holders  in  Nevada  District  touching  the  right 
and  tenure  of  mining  claims.  Therefore  Resolved.  That  all 
claims  preempted  in  good  faith  and  all  discovery  and  purchased 
claims  of  every  description  held  in  Nevada  District  shall  be 
taken  and  held  as  real  estate  but  all  claims  declared  real  estate 
by  this  resolution  shall  at  least  be  represented  by  the  claim 
holder  or  his  agent  and  on  a  failure  to  represent  a  claim  taken 
and  recorded  according  to  the  laws  and  regulations  of  the  Dis- 
trict for  the  duration  of  one  year  at  any  time  shall  work  a  for- 
feiture to  the  title  and  the  same  may  be  preempted  and  Avorked 
as  though  no  prerious  right  had  existed — Carried. 

Mr.  Link  offerred  the  following: 

Whereas,  the  I>ode  claim  miners  and  owners  of  the  same 
have  been  very  seriously  damaged  by  the  water  brought  on 
Quartz   Mountain   by   the   Consolidated    Ditch   Company   and 


130  GILPIN  COUNTY  RECORDS 

whereas  the  great  interest  of  Nevada  depends  on  her  facilities 
for  working  her  gold  bearing  claims —  Therefore  Resolved  That 
we  the  mine  and  lode  claim  holders  of  Nevada  District  having 
been  greatly  damaged  &  the  heaviest  interests  of  the  District 
sacrificed  on  account  of  the  seapage  and  flow  of  water  proceed- 
ing from  the  water  ditch  of  the  Consolidated  Ditch  Company 
and  that  the  damage  is  so  great  that  forbearance  vtdll  prostrate 
our  best  mining  interests  and  reduce  to  the  necessity  of  stopping 
mining  operations  or  abandoning  the  best  of  claims. 

2nd.  Resolved — That  the  Secretary  respectfully  inform 
the  Consolidated  Ditch  Company  that  Nevada  District  desires 
to  cultivate  amicable  relations  with  said  Company  and  to  pro- 
mote the  best  interests  of  the  Miners  generally  but  that  the  griev- 
ance above  referred  to  is  prostrating  and  sacrificing  the  heavi- 
est interests  of  Nevada  and  that  they  be  requested  to  cause  the 
same  to  abate. 

Resolved — That  in  case  the  Consolidated  Ditch  Co.  fail  to 
remove  the  nuisance  complained  of  in  the  first  resolution  that  a 
committee  of  10  persons  be  appointed  by  the  President  to  abate 
the  nuisance  and  that  we  pledge  our  aid  if  necessary  in  the  exe- 
cution of  the  same.     (Carried)     Meeting  adjoumd  to  Sept.  1. 

R  D  Darlington  Secy 

Nevada  District  Sept  1st  1860 

At  a  meeting  of  the  Miners  of  Nevada  District  held  at  the 
ofiice  of  the  Recorder  of  said  District  Saturday  Sept  1  1860  the 
following  report  was  presented  and  adopted 

To  the  miners  of  Nevada  District  in  Mass  Meeting 
assembled 

Your  committee  to  whom  the  resolution  on  the  subject  of 
making  claims  of  discovery  of  purchase  or  by  preemption  in  Ne- 
vada District  Real  Estate  would  report  the  following  in  lieu  of 
the  original  to  wit 

Resolved  that  all  claims  preempted  in  good  faith  and  all 
discovery  and  purchase  claims  of  every  description  held  in  Ne- 
vada District  shall  be  taken  and  held  as  Real  Estate  in  fee 
simple  from  and  after  the  passage  of  this  Resolution  provided 


NEVADA  DISTRICT  131 

that  all  claims  before  tliev  shall  be  considered  as  Real  Estate 
shall  if  not  already  recorded,  be  recorded  in  the  Recordins;  Of- 
fice of  Nevada  District  which  Record  shall  clearly  define  the 
position  and  location  of  the  claim  and  the  person  holdins:  such 
claim  shall  set  up  stakes  or  mounds  at  each  corner  of  his  claim 
if  a  building  or  mill  claim  and  a  post  or  stone  defining  the  cen- 
ter at  the  ends  of  each  claim  defined  as  lead  claims  also  a  stone 
or  stake  well  driven  in  the  ground  at  the  corners  of  all  ptch  or 
surface  claims  and  Gulch  claims. 

Amended  in  so  far  as  relates  to  preemption  claims  by  re- 
quiring that  they  be  dug  into  to  the  crevice  (Carried) 

It  was  moved  and  seconded  that  The  President  and  judge 
of  the  miners  Court  be  the  authorized  officers  to  take  the  ac- 
knowledgements of  deeds  for  Real  Estate  in  this  District.  Re- 
solved that  for  taking  all  acknowledgements  of  deeds  the  fee 
shall  be  25  cents  (Carried) 

It  was  moved  and  seconded  that  the  laws  of  Nevada  be  so 
amended  as  to  read.  That  the  regular  meetings  of  the  District 
be  two  each  year — viz  on  the  last  Saturday  in  October  and  May 
(Carried) 

R  D  Darlington  Secy 

Nevada  District  Sept  28  1860 

At  a  special  meeting  of  the  miners  of  Nevada  District  held 
at  the  office  of  the  Recorder  of  said  District  Sept  28  1860  Dr. 
Mann  Prest  in  the  chair,  the  following  resolution  was  presented 
to  the  meeting — 

Whereas  we  are  informed  that  certain  interested  persons 
of  Spring  Gulch  are  desirous  of  obtaining  a  portion  of  this  Ne- 
vada District  it  is  therefore  Resolved — That  the  setting  oif  of 
the  portion  of  our  District  claimed  by  Spring  Gulch  would  de- 
prive us  of  one  of  the  best  portions  of  our  District  embarras  our 
records  oppress  our  miners  by  new  records  and  laws  and  dimin- 
ish our  prosperity  by  losing  control  of  the  Gulch  Stream  on 
which  we  as  miners  depend  for  success 

Resolved  that  we  as  miners  and  citizens  of  Nevada  District 
will  resist  such  invasion  in  any  manner  to  the  extreme  of  oppo- 
sition (Carried) 


132  GILPIN  COUNTY  RECORDS 

The  following  Preamble  and  resolution  was  then  intro- 
duced by  Mr.  Morse  &  then  acceptance  moved  and  seconded 

whereas  a  call  for  a  meeting  of  Districts  and  an  Election 
is  published  to  be  held  in  Spring  Gulch  on  Saturday  29th  in- 
stant to  form  a  new  District  thereby  cutting  the  territory 
mainly  from  Nevada  District  much  against  the  will  of  a  ma- 
jority of  the  Miners  therein  and  detrimental  to  their  interests 
therefore 

Resolved  That  we  deprecate  &  condemn  any  attempt  to 
change  or  restrict  the  present  line  of  any  District  as  established 
by  the  convention  of  Districts  held  at  Gregory  in  March  1860 
further 

Eesolved  that  a  committee  of  12  be  appointed  to  attend 
said  meeting  in  Spring  Gulch  to  represent  the  will  of  the  Min- 
ers of  this  District  by  opposing  all  measures  tending  to  a  change 
of  any  boundary  as  established  of  Nevada  District  or  cutting  off 
of  any  portion  of  the  Territory  thereof — (Carried) 

The  following  named  gentlemen  were  then  appointed  on 
said  Committee 

E.  M.  McCook  T.  C.  Giddings 

E.  D.  Darlington  John  Jones 

J  D  Wood  J.  W.  Hamilton 

E.  D,  Thompson  C.  Newcomer 

Dr.  Mann  Col  Gest 

H.  A.  Johnson  H.  B.  Morse 

On  motion  the  meeting  then  adjourned. 

E.  D  Darlington  Sec 

Adjourned  from  Septr  to  Oct 

At  a  regular  meeting  of  the  miners  and  citizens  of  Nevada 
District  held  at  the  Eccorders  OiSce,  the  following  resolutions 
were  offered  and  carried. 

1st.  Whereas  greater  security  should  and  ought  to  be 
given  to  miners  and  claim  holders  in  Nevada  District  touching 
the  right  and  tenure  of  mining  claims.  Therefore  Eesolved  that 
all  claims  preempted  in  good  faith  and  all  discovery  and  pur- 
chased claims  of  every  description  shall  be  taken  and  held  as 


NEVADA  DISTRICT  133 

Real  Estate,  but  all  claims  declared  Real  Estate  bj  this  resolu- 
tion shall  at  least  be  represented  bv  the  claim  holder  or  his 
agent,  and  on  a  failure  to  represent  a  claim  taken  and  Recorded 
according  to  the  laws  and  regulations  of  the  District  for  the 
duration  of  one  year  at  any  time  shall  work  a  forfeiture  to  the 
title  and  the  same  may  be  preempted  and  worked  as  though  no 
previous  right  had  existed. 

2nd.  Resolved,  that  all  claims  preempted  in  good  faith 
and  all  discovery  and  purchased  claims  of  every  description 
held  in  Xevada  District  shall  be  taken  and  held  as  Real  Estate 
in  fee  simple  from  and  after  the  passage  of  this  Provided  that 
all  claims  before  they  shall  be  considered  as  Real  Estate  shall 
be  opened  to  the  crevice  and  Recorded  in  the  Recorders  office  of 
Xevada  District  which  record  shall  clearly  define  the  position 
and  location  of  the  claim,  and  the  person  holding  such  claim 
shall  set  up  stakes  or  mounds  at  each  comer  of  his  claim  if  a 
building  or  mill  claim  and  a  post  or  stone  defining  the  center  of 
the  ends  of  each  claim  defined  as  lead  claims,  also  a  stone  or 
stake  well  driven  in  the  ground  at  the  comer  of  all  patch  or  sur- 
face claims  and  gulch  claims. 

3rd  That  the  equity  of  redemption  on  all  mortgaged  prop- 
erty shall  extend  sixty  days  from  the  time  sale  imder  foreclosure 
and  that  the  mortgagor  may  retain  the  possession  of  such  prop- 
erty after  the  sale  by  executing  to  the  purchaser  a  good  and  suffi- 
cient bond  to  be  approved  by  the  court  under  whose  decree  the 
property  is  sold  in  double  the  amount  of  the  purchase  money, 
conditioned  that  he  will  redeem  the  property  within  sixty  days 
and  pay  interest  on  the  same  at  the  rate  of  twenty  five  per  cent 
per  annum. 

4th  That  no  person  shall  be  allowed  to  slaughter  an  ox, 
sheep  or  other  animal  within  the  bounds  of  the  City  of  Nevada 
or  nearer  than  i/l  of  a  mile  from  the  Gulch  Stream  and  any  per- 
son violating  this  law  shall  be  fined  $50,00  for  each  offence. 

5  That  the  several  Butchers  of  Nevada  be  notified  by  the 
Sheriff  to  bury  or  remove  to  the  distance  of  1/4  of  a  mile  from 
the  Gulch  Stream  the  offal  accumulated  by  them  within  6  days 
from  notification  under  penalty  of  $50.00 


134  GILPIN  COUNTY  RECORDS 

6  That  the  President  and  Judge  of  the  Miners'  Court  be 
the  authorized  officers  to  take  the  acknowledgement  of  deeds  for 
real  Estate  in  this  district.  For  all  acknowledgements  the  fee 
shall  be  25  cents 

7  That  hereafter,  parties  to  a  suit  shall  not  be  competent 
to  testify  in  their  o^^ti  behalf  unless  th6[y]  first  file  an  affidavit 
with  the  Court,  stating  the  facts  they  expect  to  prove,  and  that 
they  cannot  be  proven  by  any  other  person  within  the  jurisdic- 
tion of  this  District,  as  of  their  knowledge. 

8  That  the  laws  of  Nevada  be  so  amended  as  to  read,  that 
the  regular  meetings  of  this  district  be  two  each  year  viz,  the 
last  Saturday  in  May  and  October. 

R.  D.  Darlington  Secy. 

I^EVADA  GULCH.1 

Nevada,  Nov.  16,  1860. 
Editors  News: — For  ten  days  past  the  utmost  effort  has 
been  made  by  the  mill-owners  of  this  gulch  to  obtain  a  supply 
of  water  from  the  Consolidated  Ditch,  which,  I  am  sorry  to  say, 
has  not  been  crowned  with  the  success  it  so  well  deserved.  Par- 
ties of  ten,  twenty  and  thirty  men  have  gone  out  along  the  diteh 
almost  every  day  for  a  week  past,  to  clear  the  bed  of  the  ditch, 
and  have  frequently  stopped  over  night  amid  the  snows  of  the 
mountains ;  and,  at  one  time,  while  the  weather  was  so  genial 
in  the  early  part  of  the  week,  our  hearts  were  gladdened  with 
the  report  that  the  water  would  soon  be  in  the  ditch ;  but  I 
regret  to  say  we  are  all  again  disappointed.  An  icy  hand  is  laid 
upon  us,  and  I  think  we  will  now  have  to  give  it  up  for  the  win- 
ter. 

A  few  of  our  mills  are  running  from  water  from  the  gulch, 
and  their  own  wells,  and  sucb  as  are  running  are  doing  well; 
but  the  majority  are  not  running,  having  to  depend  on  the  ditch 
for  their  water. 

An  association  of  mill  owners  in  this  gulch  is  about  to  be 

^  Rocky  Mountain  'News,  November  21,  1860,  p.  2.  Unless  designated 
by  the  word  daily,  the  reference  is  to  the  weekly  paper. 


NEVADA  DISTRICT  135 

formed,  for  the  purpose  of  mutual  counsel  and  advice.  I  am 
told  it  will  also  have  a  sort  of  literary  tendency,  as  a  large  sup- 
ply of  papers  will  be  received  weekly.  Last  night,  while  in  Van- 
deren's  Express  Office,  I  noticed  a  large  package  of  exchanges, 
which,  on  inquiry,  I  learned  was  a  donation  from  the  Neivs 
office,  to  the  prospective  institution.     Good  for  you. 

Last  Saturday  our  last  miner's  meeting  for  the  season  was 
held  here.     A  codified  copy  of  the  laws  of  the  district  was  read 
and  adopted,  and  ordered  to  be  printed.     A  law  was  passed  al- 
lowing the  equity  of  redemption  on  all  mortgaged  property  for 
six  months  after  sale,  upon  certain  restrictive  conditions.     Of 
course  this  does  not  apply  to  mortgages  heretofore  given.     A 
resolution  was  almost  unanimously  passed,   declaring  against 
the  Appellate  Court  as  recommended  by  the  Central  City  con- 
vention, and  that  it  was  inexpedient  to  hold  any  election  for  the 
officers  therein  recommended,  on  the  20th  inst.     A  few  minor 
resolutions,  relating  to  sanatory  regulations,  were  then  passed, 
and  the  meeting  adjourned  until  the  last  Saturday  in  May,  1861. 
A  fine  Opening  Ball  was  given  in  Squire  Morton's  new 
Hall  here  on  Wednesday  evening,  which  was  numerously  at- 
tended by  the  young  and  gay  of  our  little  city,  and  all  passed 
off  very  pleasantly.    I  am  told  it  is  the  intention  of  some  of  our 
prominent  citizens  to  have  such  festive  occasions   every  two 
weeks,  where  they  may  for  a  while  forget  that  our  mills  are 
stopped,  and  our  treasury  about  empty,  and  enjoy  for  a  brief 
period  the  social  amenities  of  life. 

The  Sons  of  Malta,  under  the  able  generalship  of  Horatio 
B.  Bearce,  Esq.,  are  doing  a  flourishing  business  in  initiating 
the  miners  into  the  Arcana  of  the  Order ;  and  they  are  rapidly 
rising  to  that  importance  which  they  have  everywhere  attained. 
Being  as  yet  uninitiated  into  their  mysterious  rites,  I  can  only 
judge  of  what  they  do  at  nights,  by  the  sounds  of  martial  train- 
ing I  often  hear  while  going  by  their  Hall,  and  a  loud  and  vehe- 
ment request,  oft  times  repeated,  to  have  something  or  other 
"recorded."  Dick  Darlington,  our  able  recorder,  had  better 
look  out,  or  the  Sons  will  do  all  the  recording  in  tlie  gulch. 


136  GILPIN  COUNTY  RECORDS 

Within  the  past  two  months  a  good  deal  of  improvement 
has  been  going  on  in  this  gulch.  IsTew  Stores  have  been  erected, 
and  are  now  filled  with  stocks  of  goods.  Conspicuous  among 
the  rest  is  the  branch  house  of  Hawk  &  Nuckolls,  whose  stock  is 
ample  and  constantly  replenishing,  and  whose  business  here  is 
transacted  by  that  affable,  obliging  and  gentlemanly  fellow,  E. 
Sheldon,  to  the  satisfaction  of  all  who  deal  with  the  firm. 

During  the  few  days  of  mild  and  genial  weather  we  had 
this  week  President  Mann  rallied  his  forces  and  went  at  the 
roads  with  hearty  good  will,  and  his  efforts  in  that  way  have 
resulted  in  great  and  much  needed  improvement. 

Several  of  the  mills  have  changed  hands  within  the  past 
month,  and  many  shares  are  being  sold  out,  generally  at  an 
advance,  I  hear.    I  will  have  particulars  next  week. 

The  Miner's  Court  is  doing  a  big  business  at  present,  as 
might  be  expected  in  times  of  such  financial  depression.  Four 
or  five  suits  a  day  are  about  the  ordinary  number  on  the  docket. 
There  is  now  pending  some  difficulty  between  the  officers  of  this 
district  and  those  of  a  district  known  as  Spring  Gulch  the  lat- 
ter having  claimed  jurisdiction  over  part  of  the  territory  allotted 
to  IvTevada,  in  the  convention  of  districts  last  March.  I  have 
just  been  told  that  a  writ  of  arrest  has  issued  out  of  our  court 
for  the  officers  of  Spring  Gulch,  for  contempt  of  court;  so  we 
may  expect  lively  times  among  the  lawyers,  of  which  more  anon. 

Gambling,  which  for  a  while  prevailed  in  this  place,  has 
now  almost  entirely  ceased.  The  gamblers  could  not  live  as  we 
have  to — on  hope — and  so  have  cleared  out  to  a  man. 

The  weather  is  tolerably  pleasant.  Snow  lies  upon  the 
mountains,  but  we  have  had  some  beautiful  days  during  the 
week,  which  have  been  to  us  like  the  smile  of  an  angel  breaking 
through  the  dark  clouds  which  overhang  our  business  prospect's. 

Your  "Daily"  is  a  great  institution  to  us,  away  up  here 
in  the  mountains,  especially  in  these  election  times. 

Yours  truly. 

Spectator. 


NEVADA   DISTRICT  137 


FROM  NEVADA.^ 


Nevada,  Nov.  20,  1860. 

Editors  News : — The  result  of  the  diffieultv  between  the 
officers  of  this  and  Spring  Gulch,  which  I  mentioned  in  my  last 
letter,  was  that  Judge  Bond  was  arrested  and  brought  up  here, 
for  contempt  of  Court ;  and  after  a  lengthy  trial,  which  lasted 
till  three  o'clock  in  the  morning,  the  jury  brought  in  a  verdict 
of  $50  damages  and  costs.  After  a  series  of  windy  speeches 
from  the  gentlemen  of  the  law,  the  Court,  remitted  the  fine  and 
costs,  and  Judge  Bond,  I  understand,  went  off,  promising  to 
let  Nevada  alone  for  the  future.  This  was,  in  my  humble  opin- 
ion, a  very  farcial  termination  to  a  trial  for  a  very  aggravated 
offence. 

On  Friday  last  there  was  a  Masonic  funeral  in  Central 
City — that  of  Mr.  Berry,  brother-in-law  of  Mr.  Haman,  of  the 
Haman  House.  The  ceremonies  were  admirably  conducted  by 
Mr.  Andrew  Mason  from  Chicago.  A  Masonic  Lodge  will  be 
formed  in  this  place  as  soon  as  a  Dispensation  can  be  obtained 
from  Kansas ;  Mr.  Andrew  Mason  to  be  the  Master. 

F.  M.  Rublee,  a  prominent  citizen  of  this  district,  died 
here  last  night.  He  was  from  La  Crosse,  Wis.,  and  was  much 
rf^pected  by  the  citizens  of  the  gulch. 

To-day  we  are  having  a  sort  of  election  here,  to  determine 
whether  there  shall  be  a  new  Judiciary  system  and  an  Appellate 
Court,  &,c.  There  has  been  comparatively  little  excitement,  the 
majority  of  the  people  regarding  the  election  as  a  sort  of  pleasant 
pastime,  got  up  to  beguile  the  weary  hours  of  a  winter's  day.  The 
judges  of  election  are  now  engaged  counting  the  ballots,  and  I 
may  be  able  to  annex  the  result  to  this  letter.  A  great  many 
have  acted  upon  the  decision  of  the  miner's  meeting  last  Satur- 
day, and  regarding  the  election  as  illegal,  have  not  voted  at  all. 

Yesterday  snow  fell  all  over  the  mountains,  to  the  depth 
of  about  ten  inches.  The  weather  to-day  was  warm  and  ])l('as- 
ant.  To-night  the  thermometer  is  10  degrees  below  zero,  but  it 
don't  feel  near  as  cold  as  it  would  in  the  States  at  that  iigiire. 

^  Daily  Rocky  Mountain  Neics,  Noveiiibor  2(1,  IHfiO.  p.  2. 


138  GILPIN  COUNTY  RECORDS 

Some  of  the  mills  are  running  from  gulch  and  well  water, 
and  are  doing  well.  Great  numbers  of  miners  are  at  work  upon 
their  claims,  and  will  continue  to  get  out  quartz  nearly  all 
through  the  winter.  Provisions  beii^g  plenty,  and  compara- 
tively cheap,  the  miners  will  make  good  headway,  those  who 
have  good  claims,  this  winter.  The  supply  of  good  paying 
quartz  is  not  equal  to  the  demand  for  the  mills,  but  a  large 
quantity  will  be  accumulated  during  the  winter  months. 

The  following  is  the  result  of  the  election  in  l^evada: 

Against  Jud.         For  Jud. 

At  Upper  Polls   264  T9 

At  Lower       "     majority 32 


Majority  against  Judicial     217 

It  is  reported  here  that  the  other  districts  have  voted 
against  the  system. 

Spectator. 

FROM  NEVADA  GULCHi 

Nevada  City,  Jan.  15th,  1861. 

Editors  News : — At  present  business  is  rather  dull,  in  con- 
sequence of  cold  weather,  which  I  hope  will  not  last  long.  There 
is  considerable  interest  manifested  at  present  in  regard  to  the 
coming  election,  as  it  is  a  very  important  one.  Among  the 
most  prominent  candidates  are  James  Castello,  for  Judge;  J. 
Bowls,  for  Sheriff,  and  J.  L.  Prichard,  for  Recorder,  all  of 
whom  are  well  qualified  to  fill  their  respective  ofiices  if  they 
are  elected. 

I  have  just  returned  from  a  visit  to  Union  District,  which 
has  recently  been  organized,  it  is  situated  about  sixteen  miles 
South-west  of  Nevada,  in  a  direct  line  with  the  Kansas  and 
Burroughs'  leads.  The  beautiful  stream  of  Clear  Creek  courses 
its  way  through  the  center  of  the  district,  and  on  either  side  is 
a  beautiful  plain,  on  which  is  laid  out  the  town  of  Empire  City, 
which  promises  to  be  one  of  the  best  mountain  towns  in  our 
Territory.     The  code  of  laws  adopted  by  the  miners  of  the  dis- 

^  Daily  Rocky  Mountain  Neivs,  January  19.  1861,  p.  2. 


NEVADA  DISTRICT  139 

trict,  speaks  well  for  their  intelligence.  Mr.  Coles — lately 
elected  Judge  of  the  Miners  Court — is  a  man  of  sterling  worth, 
and  has  been  a  successful  prospector  in  that  vicinity.  He  is 
the  discoverer  of  the  famous  Empire  lead.  Mr.  Ball,  the  re- 
corder, is  a  man  "after  mj  own  heart,"  and  is  calculated  to 
make  the  stranger,  who  visits  that  district,  feel  at  home. 

More  anon.  Tuscarawas. 

FROM  NEVADA* 

Nevada  City,  Jan.  22,  1861. 

Dear  old  News: — I  have  not  written  you  for  some  days, 
from  the  simple  fact  that  very  little  of  importance  in  mining 
news  has  transpired  in  this  section.  The  election  for  officers  in 
this  District  for  the  next  year  took  place  on  yesterday,  and  a 
very  exciting  time  we  had  of  it.  We  only  had  some  four  offices 
to  fill,  and  at  least  fifty  hungry  applicants  for  them.  Of  course 
the  whole  strength  of  the  district  was  brought  out — some  seven- 
teen hundred  votes  being  polled.  About  four  hundred  votes 
was  the  highest  received  by  any  one  candidate.  D.  J.  Leversee, 
of  the  Quincy  and  Chicago  Mill,  received  the  highest  number 
of  votes  for  President  of  the  District;  Wm.  Train  Muir,  for 
Judge  of  the  Miners  Court;  R  D.  Darlington  re-elected  Re- 
corder, and  Jos.  W.  Bowles  re-elected  Sheriff. 

This  election  was  not  altogether  satisfactory.  Evidently 
a  large  number  of  fraudulent  votes  were  polled,  and  an  effort 
is  now  being  made  for  the  purpose  of  a  new  election.  With  such 
a  host  of  candidates,  of  course  whiskey  was  free — and  as  a  con- 
sequence, there  was  more  drunken  men,  and  more  fighting  on 
this  one  day,  than  I  have  heretofore  seen  in  the  Mountains — and 
no  one  seriously  hurt. 

FROM  NEVADA  GULCH^ 

Nevada  City,  Feb.  2d.  1861. 
Dear  Old  News: — The  idea  of  sitting  down  to  write  a  let- 
ter, by  a  novice  in  letter  writing,  when  he  has  nothing  to 'write 

^  Daily  Rocky  Mountain  News,  January  25,  ISfil,  p.  2. 
^  Daily  Rocky  Mountain  News,  February  6,  1861,  p.  2. 


140  GILPIN  COUNTY  RECORDS 

about  is  to  say  the  least  highly  absurd,  and  ridiculous,  in  the 
extreme,  and  this  I  fear  is  the  unenviable  predicament  in  which 
your  correspondent  now  finds  himself.  The  bloody  affrays  in 
our  sister  city  up  here  in  the  mountains,  you  have  already  been 
posted  on,  that  is  of  two  at  least,  the  third  which  transpired  on 
last  Thursday,  in  Central  City  I  have  seen  no  account  of.  Cen- 
tral City  was  thrown  into  a  high  state  of  excitement,  by  the  re- 
port of  a  most  foul  and  bloody  murder,  the  evening  previous, 
two  men  and  two  women  were  seen  together  on  the  streets  by 
some  of  the  goodly  citizens, — an  altercation  took  place  between 
the  men,  two  shots  were  fired,  one  of  them  was  seen  to  fall,  the 
other  made  good  his  escape — the  women  were  seen  to  carry  the 
man  off,  but  such  was  the  fear  of  the  spectators,  or  from  some 
other  cause,  no  steps  were  taken  either  to  pursue  the  man  or 
follow  the  women.  In  the  morning  a  pool  of  blood  was  seen  in 
the  fatal  spot — the  orderly  and  law-loving  citizens  were  justly 
indignant.  Some  steps  must  be  taken  to  ferret  out  the  mur- 
derer. A  miners'  meeting  was  immediately  called.  An  old 
friend  and  staunch  citizen,  Harrison  Gray  Otis,  was  called  upon 
to  preside,  and  Capt.  Leavenworth,  Secretary.  The  object  of 
the  meeting — the  horrid  deed  which  had  been  committed  the 
night  previous,  was  feelingly  and  forcibly  stated. 

A  Committee  of  fi-ve  was  proposed,  afterwards  increased  to 
ten  of  the  most  prompt  and  energetic  citizens,  to  act  as  a  Vigi- 
lant Committee,  to  ferret  out  and  bring  to  light  the  gulity  par- 
ties. In  the  mean  time,  the  meeting  was  adjourned  to  meet 
again  at  the  Court  House,  and  hear  the  report  of  the  Vigilant 
Committee — for  a  time  various  and  exciting  reports  were  rife 
on  the  streets  of  Central  City,  and  from  thence  carried  all  over 
the  mountains.  By  and  by,  the  Vigilant  Committee  began  to 
smell  a  mice,  the  two  females  were  tracked,  traced  to  their  hid- 
ing place,  and  on  strict  examinaton  and  lawful  information, 
were  found  to  be  a  couple  of  youngsters  on  a  lark,  and  the  big 
pool  of  blood  supposed  to  be  human  gore,  came  from  the  butch- 
er's shambles.  The  Committee  have  not  as  yet  reported,  and  the 
miners'  meeting  has  not  been  called. 

Here  in  our  district,  the  miners  have  again  assembled  on 


NEVADA  DISTRICT  141 

last  Saturday,  to  take  further  action  in  regard  to  our  late  elec- 
tion, and  did  by  a  very  large  majority  declare  the  previous  elec- 
tion null  and  void,  and  our  President  in  compliance  with 
the  wishes  of  the  people,  has  ordered  another  election,  to  take 
place  next  Tuesday.  Judges,  Clerks  and  Challenging  Commit- 
tees were  appointed  by  the  people,  and  if  they  all  do  their  duty, 
we  will  this  time  have  a  legal  election.  Three  out  of  the  four 
officers  elected  were  satisfied,  of  the  illegality  of  the  previous 
election,  and  were  willing  to  resign,  or  have  a  new  election,  and 
take  their  chances  before  the  legal  voters,  but  the  fourth,  I  pre- 
sume knowing  that  he  had  practiced  "skulduggery"  in  his  elec- 
tion, and  desiring  to  hold  on  to  the  fees  and  emoluments  of  the 
office,  for  which  he  had  so  striven,  was  unwilling  to  go  into  a 
new  election.  Judging  from  the  course  he  has  pursued  in  this 
matter,  and  from  the  general  opinion  of  our  best  citizens,  his 
chances  for  a  legal  election  at  the  hands  of  the  citizens  of  this 
district  are  very  slim,  however  time  will  show,  and  Tuesday  is 
not  far  off. 

FROM  NEVADA  GULCH^ 

Nevada,  Feb.  18th,  1861. 
Editors  News : — It  is  now  a  long  time  since  I  have  written 
you,  and  I  suppose  I  owe  you  many  apologies  for  my  apparent 
neglect, — but  we  have  had  an  annual  election  here  lately,  or 
rather  two  annual  elections,  and  I  have  done  my  share  of  elec- 
tioneering. The  result  of  the  regular  election,  January  21st, 
1861,  was  the  election  of  D.  J.  Leversee,  President;  Wm.  Train 
[Muir],  Judge  of  the  Miners'  Court;  Richard  D.  Darlington, 
Recorder,  and  Joseph  W.  Bowles,  Sheriff.  One  thousand  six 
hundred  and  thirty-nine  votes  were  then  polled ;  the  law  of  tlie 
district  allowing  any  person  owning  a  claim  to  vote,  although 
not  an  actual  resident  of  our  gulch.  A  few  soreheads,  abetted 
by  some  penniless  individuals,  who  now  facetiously  term  them- 
selves "mill  men,"  got  up  an  excitement,  and  got  a  new  election. 
The  Secessionists  strove  with  the  desperation  of  dying  niou,  but 
they  were  again  beaten — the  result  of  the  new  election  giving 

^  Daily  Rocky  Mountain  News,  February  20,  1861,  p.  2. 


142  GILPIN  COUNTY  RECORDS 

a  majority  to  the  old  officers. — The  enthusiasm  of  the  people 
knew  no  bounds  on  the  evening  of  the  last  election ;  bonfires 
were  lit  up  on  the  hill  above  ISTevada,  songs  and  speeches  were 
made  by  various  prominent  citizens,  and  a  fine  serenade  given 
to  the  Judge  elect,  against  whom  the  malice  of  the  secessionists 
was  mainly  directed.  We  noticed  our  old  friend  Ira  H.  Morton, 
although  himself  a  former  candidate  for  Judge,  striving  nobly 
for  the  right,  and  earning  for  himself  "golden  opinions  from 
all  sorts  of  people."  Well,  the  excitement  is  all  over  now,  the 
battle  has  been  fought  hard  and  fairly  won.  I  will  not  make 
any  remarks  on  the  letters  of  your  correspondent  "Gunny  Bags" 
regarding  this  election, — they  are  well  known,  and  properly 
appreciated  by  the  citizens  of  this  gulch,  who  know  the  former 
relations  of  Gunny  Bags  and  the  man  he  has  tried  to  slander. 
I  pass  him  by  in  silence,  leaving  his  own  conscience  and  his  in- 
gratitude to  be  his  companions  in  the  future. 

FROM  NEVADA  DISTRICT^ 

Nevada  City,  April  2,  1861. 

Editoi^s  News: — We  had  the  pleasure  of  a  short  business 
visit  from  friend  Goldrick  to-day.  He  comes  at  a  good  time  to 
get  a  big  lot  of  new  subscribers,  for  the  citizens  here  generally 
are  disgusted  with  the  Mountaineer,  and  are  daily  making  up 
their  minds,  like  the  citizens  of  Union  district,  to  afford  that 
sheet  neither  aid,  comfort,  nor  support. 

On  Monday  last  the  new  district,  comprising  Central  City 
and  vicinity,  was  laid  off  by  the  Commissioners  appointed  by 
Nevada  and  the  new  district.  The  new  district  takes  in  all  that 
part  of  our  territory  commencing  at  the  dry  sag  on  the  Eureka 
side,  immediately  west  of  the  Express  stables,  running  thence 
a  straight  line  south,  intersecting  Chapezes'  cattle  yard,  and 
crossing  Nevada  Gulch  a  few  feet  above  the  old  dam.  The  new 
district  takes  in  three  steam  mills,  namely,  Lyon,  Pullman  & 
Co.'s,  Scudder's  and  Parker's  formerly  in  our  jurisdiction.  The 
survey  was  made  by  Mr.  Charles  P.  Marion,  the  engineer  of 
Nevada. 

'  Rocky  Mountain  Netcs,  April   10,  18G1,  p.  4. 


NEVADA   DISTRICT  143 

On  Friday  night  a  meeting  of  the  citizens  was  held  to  ap- 
point a  committee  to  regulate  the  streets  and  highways  of  Ne- 
vada— A.  E.  Guild,  Chairman,  Chas.  P.  Marion,  Secretary — at 
which  three  commissioners  were  appointed,  Mr.  Kelly.  I.  F. 
Allom  and  ^I.  M.  McKeen.  By  a  vote  of  the  meeting,  the  com- 
missioners and  the  engineer  w^ere  authorized  to  clear  and  grade 
the  streets,  and  construct  a  road  to  Central  City,  the  commis- 
sioners to  act  in  rotation  and  receive  for  each  day's  actual  sen'- 
ice  $3 — the  engineer  to  receive  $10  a  day  when  actually  em- 
ployed— the  necessary  funds  to  be  raised  by  subscription.  This 
is  a  good  and  much  needed  work  of  improvement,  and  I  hope 
will  be  liberally  supported  by  all  of  our  citizens  who  are  in- 
terested. 

As  spring  time  returns,  we  are  pleased  to  notice  the  return 
to  our  gulch  of  many  prominent  citizens,  among  whom  we  last 
week  welcomed  home  C  L.  Ely,  of  the  Kenosha  mill,  and  0.  P. 
Sykes,  of  the  LaCrosse  mill,  both  of  whom  are  largely  interested 
in  our  gulch. 

Mr.  William  W.  Coats  died  in  Eureka  on  Saturday,  of 
congestion  of  the  lungs.  He  was  22  years  of  age  and  from  Irv- 
ing, Benton  county,  Iowa,  a  young  man  of  fine  attainments,  and 
generally  esteemed.  His  remains  were  buried  here,  followed  to 
their  last  resting  place  by  a  large  concourse  of  Good  Templars, 
of  which  order  he  was  a  consistent  member.  In  this  connection 
I  regret  to  learn  that  the  chief  officer  of  Good  Templars'  Lodge 
here  has  resigned  his  membership,  to  save  himself  from  being 
expelled.  I  hope  his  conduct  will  not  affect  or  interrupt  the 
great  and  good  work  of  reform  going  on  in  our  district.  In  my 
whole  experience  I  have  never  known  so  much  good  done  in  so 
short  a  time  as  has  been  done  by  the  Good  Templars  of  this 
place,  and  I  do  hope  the  good  work  will  go  on  until  many  more, 
now  held  in  bondage  to  King  Alcohol,  will  be  forever  emanci- 
pated and  redeemed. 

I  have  been  unable  to  gather  any  mining  news  of  any  great 
importance  since  I  wrote  last,  having  been  hard  at  work  on  my 
own  claim  on  the  Kansas. 

The  attacks  on  Judge  Muir  in  the  Moxmtainecr  having  now 


144  GILPIN  COUNTY  RECORDS 

simmered  do^\^l  to  the  accusations  of  two  individuals,  possess 
but  little  interest  to  the  citizens  of  our  gulch.  The  character  of 
those  individuals  is  now  so  well  known  in  ISTevada,  by  all  those 
who  ever  knew  them,  or  had  any  business  transactions  with 
either  of  those  worthies,  that  no  reply  is  deemed  necessary  to 
their  wrathy  and  ridiculous  letters.  I  know  a  dozen  good  citi- 
zens who  have  stopped  the  Mountaineer  during  the  past  week, 
on  account  of  their  slanders  of  our  Judge  and  district,  and  I 
have  heard  that  the  carrier  has  given  it  up  in  disgust.  ISTo  won- 
der, for  he  is  a  fine  little  fellow,  and  respected  by  all  who  know 
him. 

A.  E.  Guild  cleaned  up  in  three  mills,  from  quartz  from 
his  Kansas  claim,  this  week :  at  Stanton  &  Sanford's  mill.  Eu- 
reka, $750.30,  from  2^/^  cords;  at  Whitcomb's  mill,  here, 
$575.80,  from  21/0  cords,  and  at  Col.  Backus'  mill,  $1,036.60, 
from  5  cords;  total  $2,562.70. 

Clayton's  mill  was  robbed  last  night  of  about  $300  worth 
of  amalgam,  the  thieves  scraping  the  plates. 

We  expect  a  short  professional  visit  from  Langrishe's 
troupe  before  they  leave  the  mountains,  which  will  be  a  rich 
treat  to  all  our  citizens.    Yours  truly. 

Spectator. 

PUBLIC  MEETING  IN  NEVADA^ 

About  9  o'clock  on  Thursday  morning,  upon  the  arrival  of 
the  News  with  the  latest  dispatches  by  Pony  Express,  a  large 
number  of  the  citizens  met  in  front  of  the  Court  House,  to  hear 
the  dispatches  read  by  our  friend.  Squire  Morton.  After  read- 
ing the  latest  news,  the  citizens  were  called  up  stairs  into  the 
Court  House  and  held  an  impromptu  meeting — Squire  Morton, 
Chairman,  Mr.  B,  D.  Darlington,  Secretary.  From  the  last 
named  gentleman  we  are  favored  with  a  copy  of  the  proceed- 
ings of  the  meeting,  which  we  annex.  Squire  Morton  sang,  by 
the  request  of  the  meeting,  those  good  old  songs,  "The  Star 

^  Daily  Rocky  Mountain  Neics,  April  27,  1861,  p.  2. 


NEVADA  DISTRICT  145 

Spangled  Banner"  and  the  "Red,  White  and  Blue,"  amid  fre- 
quent applause.  

At  a  meeting  of  the  citizens  of  Nevada,  held  in  the  Court 
House,  impromptu,  on  Thursday  morning,  the  24th  of  April, 
A.  D,  1861,  Ira  H,  Morton  was  called  to  the  chair,  and  R.  D. 
Darlington  appointed  Secretary. 

A  committee  on  resolutions  was  appointed  by  the  meeting, 
consisting  of  Judge  Muir,  Col.  Remine  and  Mr.  Vanderen,  who 
presented  the  following  resolutions,  which  were  passed  by  a 
unanimous  vote: 

Whereas,  By  the  enterprise  of  the  Rocky  Mountain  News 
Co.  of  Denver,  we  have  been,  upon  several  occasions,  put  in  pos- 
session of  the  lastest  telegraphic  despatches,  a  day  ahead  of  reg- 
ular time;  therefore  be  it 

Resolved,  by  the  citizens  of  Nevada  district,  That  we  fully 
appreciate  the  consideration  and  prompt  attention  given  us  by 
the  News  Company,  in  the  speedy  transmission  to  the  moun- 
tains, through  the  columns  of  their  paper,  of  the  latest  tele- 
graphic dispatches  from  the  States,  and  that  we  will  evince  our 
appreciation  thereof,  by  extending  to  the  News  our  undivided 
patronage. 

Resolved,  That  while  we  deeply  deplore  the  present  lament- 
able condition  of  our  beloved  native  land,  we  heartily  endorse 
the  course  and  position  of  the  Rocky  Mountain  News  with 
regard  to  the  great  and  important  issues  of  the  day. 

Resolved,  That  we  will  each  individually  use  our  best  en- 
deavors to  increase  the  circulation  of  the  News,  and  advance 
its  interests  in  the  mountains.  ^^   ^^^.^  ^^.^.^ 

Jno.  W.  Remine, 
Arch.  J.  Vanderen, 

Offered  by  Mr.  Vanderen,  and  unanimously  carried: 
Resolved,  That,  as  citizens  of  a  Territory  of  the  U.  S.,  we 
will  give  our  earnest  support  and  encouragement  to  the  present 
Administration  in  the  honest  endeavors  to  maintain  the  integ- 
rity of  the   Union.  j,_     ;,_     ,,,,.]i,^^.f,„^    S.-C. 


WISCONSIN  DISTRICT 


LAWS  ENACTED  FEBRUARY  13,  1860^ 

At  a  meeting  of  miners  held  upon  the  tributaries  of  North 
Clear  Creek  on  the  13th  day  of  February  AD  1860  on  motion 
E.  G.  Bartlett  was  appointed  President  and  Alpheus  Wright 
Secretary.  Whereupon  on  motion  the  following  resolutions 
were  adopted.  Resolved  That  inasmuch  as  Gold  has  been  found 
in  various  gulches  in  this  point  of  the  Rocky  Moimtains,  we 
therefore  deem  it  expedient  to  immediately  form  a  mining  Dis- 
trict, elect  Officers  &  adopt  such  rules  and  make  such  laws  as 
will  tend  to  the  peace  and  harmony  of  the  persons  that  may  be 
engaged  in  mining  in  said  district.  On  motion  adjourned  to 
meet  at  Robinson's  &  Wrights  tent  in  Eagle  Gulch  this  evening 
to  define  the  Boundaries  and  adopt  a  Code  of  laws  for  said  con- 
templated District. 

E.  G.  Bartlett  President 
Alpheus  Wright  Secretary 

Feby  13th  5  O.C.  P  M.  Met  according  to  adjournment. 
On  Motion  it  was  agreed  that  the  Surmnit  of  the  Snowy  Range 
of  the  Mountains  should  be  the  boundary  line  on  the  West.  The 
main  fork  of  North  Clear  Creek  on  the  North  to  the  mouth  of 
the  main  Gulch  running  through  the  district,  Thence  South  to 
Eagle  District  Line,^  Thence  West  to  place  of  beginning.  On 
motion  it  was  agreed  that  said  District  should  be  knowTi  by  the 
name  of  Wisconsin  District.  On  Motion  the  Gulches  in  which 
Gold  had  been  discovered  in  said  District  were  named  as  follows 
to  wit : — The  main  Gulch  to  its  junction  with  the  Middle  fork 
"Secreta,"  The  middle  fork  "Ericke"  Gulch^  to  North  Clear 
Creek,  The  North  Tributary  of  Ericke  the  "February"  Gulch. 

^  Wisconsin  District,  Book  B. 

*  No  records  of  Eagle  District  have  been  found. 

'  Later  known  as  Errick  Gulch. 

146 


WISCONSIN  DISTRICT  147 

On  motion  the  following  articles  and  resolutions  were  adopted 
as  Laws  for  the  Governing  of  the  above  named  District. 

Art  1st  The  Officers  of  the  district  shall  consist  of  a 
President,  Secretary  (who  shall  also  be  Recorder)  and  a  Stake 
Master 

Art  2nd  It  shall  be  the  duty  of  the  President  to  preside 
at  all  regular  called  meetings  of  the  district,  try  all  Suits,  and 
give  the  casting  vote  in  case  of  tie,  and  shall  be  allowed  a  fee 
of  five  Dollars  for  each  suit  tried  before  him,  and  shall  attend 
other  meetings  free  of  charge 

Art  3rd  It  shall  be  the  duty  of  the  Secretary  to  keep  a 
record  of  all  proceedings  of  the  regular  called  meetings  and 
record  all  claims,  and  deeds  to  claims  in  a  suitable  Book  for  that 
purpose.  Said  book  to  be  kept  in  the  District  &  shall  also  keep  a 
deputy  who  shal  act  in  his  absence  and  keep  in  possession  the 
laws  thereof,  and  shall  be  allowed  the  sum  of  fifty  cents  for  re- 
cording each  claim  and  for  his  other  services  shall  be  free  of 
charge 

Art  4th  It  shall  be  the  duty  of  the  Stake  Master  to  stake 
and  measure  all  claims  accurately,  drive  a  stake  firmly  in  the 
ground  four  inches  square,  to  each  claim,  writing  the  name  of 
the  holder,  and  engrave  the  number  upon  it  of  said  claim,  & 
shall  have  twenty-five  cents  for  Staking  each  claim  for  his  serv- 
ices 

Art  5th  No  person  shall  hold  more  than  one  claim  upon 
each  Gulch  or  Quartz  Lode  by  preemption  and  but  two  by  pur- 
chase of  100  feet  each,  the  Gulch  claim  from  bank  to  bankd 
[bank]  and  Lodes  fifty  feet  wide 

Art  6  Any  person  or  company  of  persons  being  the  first 
to  discover  Gold  in  any  Gulch  Lode  or  patch  diggings  shall  be 
entitled  to  one  claim  of  100  feet  in  length  and  of  usual  width 
as  a  Discovery  claim  in  addition  to  one  by  preemption 

Art  7  Each  person  holding  claims  shall  be  required  to 
have  the  same  recorded  within  ten  days  after  taken  and  the 
same  shall  hold  good  until  the  18th  day  of  Juno  next,  without 
being  worked,  at  which  time  they  shall  be  worked  at  least  once 
in  every  ten  days  or  forfeited.     Provided  however  if  there  be 


148  GILPIN  COUNTY  RECORDS 

a  company  they  shall  hold  their  claims  by  working  some  one  of 
them  in  the  District  as  above  the  same  as  a  man 

Art  8  All  disturbances  growing  out  of  whatever  cause 
upon  which  suit  is  brought  shall  be  tried  before  the  President, 
either  party  to  the  Suit  having  the  privilege  to  a  jury  of  three 
or  six  persons.  Said  jury  to  be  allowed  two  dollars  each  in 
every  suit.  The  person  bringing  suit  shall  also  be  required  to 
give  approved  security  before  going  into  trial,  for  the  costs 
that  may  accrue  on  said  suit,  the  cost  to  be  paid  by  the  person 
looseing  the  suit.  An  appeal  may  be  taken  before  the  Miners 
or  according  to  Law. 

Art  9th  All  deeds  to  claims  shall  be  given  in  writing  and 
witnessed  by  two  persons  signitures.  Resolved  that  inasmuch 
as  the  snow  that  now  covers  the  ground  makes  it  impossible  for 
Persons  taking  claims  to  have  them  accurately  measured  and 
staked,  therefore  they  shall  be  allowed  to  take  them  by  number, 
commencing  at  the  Discovery  claim  which  shall  be  plainly 
marked,  and  commence  by  numbering  up  and  down  from  said 
claim,  and  record  in  same  way  until  such  time  as  will  admit 
of  them  being  measured  and  staked 

Art  10  These  laws  may  be  amended  or  altered  at  any 
meeting  of  the  miners  by  due  notice,  by  a  two  third  vote  of  the 
claim  holders  in  said  district  and  no  one  shall  be  entitled  to  vote 
unless  he  is  a  claim  holder  in  said  district 

Art  11  A  Petition  must  be  given  to  the  President  and 
shall  contain  the  object  of  the  meeting  &  signed  by  twelve  claim 
holders  and  then  the  President  is  authorized  to  inform  the  Sec- 
retary whose  duty  shall  be  to  post  them  up  in  at  least  three  con- 
spicuous places.  The  Meeting  then  went  into  an  Election  for 
permanent  Officers,  whereupon  E  G.  Bartlett  was  chosen  Presi- 
dent, Alpheus  Wright  Secretary  and  W.  P.  Graves  Stake  Master 
It  was  also  agreed  that  the  above  officers  should  hold  their 
offices  for  six  months  unless  a  majority  of  the  claim  Holders 
at  a  regular  meeting  should  determine  otherwise 
Alpheus  Wright  Secretary  E.  G.  Bartlett  President 


WISCONSIN  DISTRICT  149 

MEETING  OF  MARCH  9,  1860 

At  a  Meeting  called  for  the  election  of  President  of  Wis. 
District,  E.  G.  Bartlett  having  resigned,  L.  L.  Robinson  was 
duly  elected  to  said  office. 

AMENDMENTS  ADOPTED  MAY  19,  1860 

At  a  meeting  duly  called  according  to  notice  on  file,  the 
following  resolutions  were  adopted  as  amendments  to  our  laws. 

Art  1st  Resolved  that  all  Lode  claims  either  by  purchase 
discovery  or  by  location  that  any  person  or  persons  are  entitled 
by  law  to  hold  shall  hold  good  till  the  first  day  of  July  1861 
without  labor,  if  recorded  vrithin  ten  days  of  location  or  pur- 
chase, and  said  claim  or  claims  shall  be  described  as  accurately 
as  possible  in  its  bearing  and  locality 

2nd  That  a  Notice  to  try  any  suit  before  the  President  or 
in  case  of  an  appeal  to  the  miners  shall  be  given  in  writing  at 
least  five  days  previous  to  trial  naming  time  and  place  and  a 
copy  of  said  Notice  produced  in  Court 

3rd  that  people  slaughtering  beef  or  cattle  shall  be  com- 
pelled to  bury  the  offalls  of  sufficient  depth  to  prevent  stench,  at 
least  200  yards  from  water  or  running  stream,  under  penalty 
of  twenty  five  dollars  for  breach  thereof 

The  President  then  resigned  as  also  the  Stake  master,  and 
the  Secretary  was  appointed  as  committee  of  one  to  draft  sched- 
ule of  fees  for  Constable,  to  be  elected  next  Saturday  in  con- 
junction with  other  business  to  be  transacted  and  Sec  instructed 
to  post  up  notices  accordingly. 

4th  The  line  of  the  Wisconsin  district  was  then  made  to 
be  the  continuation  of  the  western  line  of  White  Quail  District^ 
keeping  the  ridge  between  the  waters  of  Boulder  &  Ericke  Gulch, 
the  meeting  then  adjourned  after  electing  E.  G.  Bartlett  Stake 
Master  to  fill  vacancy  of  W.  P.  Graves. 

JOINT  MEETING  OF  MAY  19,  1860 
At  a  meeting  of  the  two  districts  of  White  Quail  &  Wis. 
'  No  records  of  White  Quail  District  have  been  found. 


150  GILPIN  COUNTY  RECORDS 

L.  L.  Robinson  chairman,  Alpheus  Wright  Sec.  It  was  resolved 
that  the  White  Quail  District  be  attached  to  Wisconsin  district 
&  afterwards  be  known  as  Wis  District  and  governed  by  the 
same  laws  as  far  as  applicable.     The  meeting  then  adjourned. 

MINUTES  AND  RESOLUTIONS  OF  MAY  26,  1860 

Meeting  met  according  to  call.  E.G.Bartlett  called  to 
the  chair  as  President  Pro  tern,  and  proceeded  to  vote  for  Presi- 
dent &  Thomas  Rockhill  was  duly  elected  &  M.J.  Bolan,  Con- 
table.  &  then  the  following  resolutions  were  adopted. 

1st  That  being  important  to  have  a  proper  person  to  serve 
papers,  notices  &  various  processes  according  to  [law]  therefore, 
to  elect  a  constable,  whose  duty  is  to  serve  all  papers  put  into  his 
hands,  to  serve  by  any  party  to  a  suit  of  any  nature  arising  in 
the  district,  That  all  processes  shall  be  served  by  copy  if  the 
person  can  be  found  in  the  district ;  if  not,  by  posting  a  copy  of 
the  same  at  two  conspicious  places  in  the  district  and  one  also  at 
the  Recorders  office,  &  for  each  mile  of  travel  he  shall  be  enti- 
tled to  ten  cents  each  way  for  serving  summons,  notice  or  other 
paper,  50  cents  &  25  cents  for  copy,  $3.00  for  attending  court, 
per  day  &  one  dollar  for  summoning  jury. 

2nd  That  in  case  of  an  appeal  it  shall  be  taken  within 
five  [days]  after  first,  or  second  trial  and  neither  party  shall 
work  the  claim  during  the  pending  of  the  appeal,  &  a  bond  for 
the  security  of  costs  shall  be  filed  for  costs  before  the  appeal 
shall  be  valid,  and  all  appeals  of  suits  to  be  appeald,  heretofore 
tried,  shall  be  appeald  within  five  days  from  next  monday  the 
28"  day  of  May 

Resolved  that  claims  lying  in  a  place  that  is  necessary  to 
have  a  drain  ditch  that  person  or  persons  owning  claims  shall 
be  allowed  to  dig  the  same  through  the  adjoining  claims  below, 
&  the  party  owning  the  same,  or  any  other  person,  shall  not  fill 
said  tail  race  or  drain,  but  it  shall  be  kept  open. 

Meeting  then  Adjourned  "Sine  Die" 

LAWS  OF  JULY  12,  1860 
At  a  regular  called  meeting  according  to  notice  &  Petition 


WISCONSIN  DISTRICT  151 

according  to  law,  the  miners  of  Wisconsin  District  assembled 
at  5  00  P.M.  Meeting  called  to  order  by  the  President,  and 
the  following  laws  were  enacted  and  passed. 

1st  Resolved  that  all  Lode  claims  in  Wisconsin  district 
discovered  now  or  hereafter  discovered,  shall  hold  as  real  Es- 
tate, &  not  Jumpable 

2nd  Resolved  that  all  water  claims  shall  be  held  as  real 
estate  &  not  jumpable. 

3rd  That  no  one  shall  be  entitled  to  vot«  on  subjects  per- 
taining to  Lode,  Gulch,  or  water  claims  respectively  unless,  an 
o^vner  of  said  claims,  &  to  vote  on  Lode  questions  must  own  a 
Lode  claim  &  the  same  in  regard  to  water  &  Gulch  claims. 

4"  Resolved  any  person  is  entitled  to  one  water  claim 
on  each  Gulch  of  250  feet  long,  by  preemption  &  all  he  or  they 
purchase  and  that  all  Gulch  claims  hold  good  till  the  1st  of 
June  1861. 

5"  Resolved  that  all  claims  taken  hereafter  shall  be 
staked  or  the  name  of  the  owners  written  on  the  Discovery  stake 
or  tree,  &  the  'Nos.  thereon. 

6"  The  President  then  resigned  and  the  meeting  then 
went  into  an  election  and  Israel  Janney  was  elected  President 
of  Wisconsin  District.  The  Recorder  then  resigned  &  on  an  in- 
formal Ballot  being  taken  was  declared  by  the  President,  to 
result  in  no  election  there  being  no  majority,  and  on  another 
Ballot  Alpheus  Wright  was  duly  declared  elected  recorder  of 
Wisconsin  District  for  the  term  of  six  months  from  the  13"  of 
next  month. 

7"  &  8"  Resolved  that  the  oflScers  elected  to  day  shall  hold 
their  office  six  months  from  the  13"  day  of  August  next.  Re- 
solved that  the  Miners  are  the  highest  tribunal  &  from  whom 
no  appeal  shall  be  had  or  granted 

9"  R  M  Briscoe  was  then  elected  Constable  and  also  to 
act  as  stake  master,  and  whose  duty  in  that  line  shall  be  in  cases 
of  dispute,  to  stake  the  claims  in  dispute  if  necessary  &  all 
claims  necessary  to  be  measured  in  getting  to  said  claim  in  dis- 
pute shall  be  paid  by  the  parties  in  dispute.    The  Independence 


152  GILPIN  COUNTY  RECORDS 

District  was  also  bj  a  vote  of  the  two  districts  attached  to  Wis- 
consin district,  &  be  hereafter  knoA\Ti  as  Wisconsin  district. 

There  being  no  further  Business  the  Meeting  Adjourned 
Sine  Die. 

RESOLUTIONS  OF  SEPTEMBER  15,  1860 

At  A  Meeting  of  the  miners  of  Wisconsin  Sept  15"  1860 
called  according  to  law  the  following  resolutions  were  adopted. 

1st  That  no  Motion  shall  be  put  at  any  meeting  of  the 
miners  except  in  writing. 

2nd  That  any  person  shall  be  entitled  to  one  tunnel  claim 
in  the  district  and  but  one  by  location  and  shall  hold  good  with- 
out labor  till  the  1st  day  of  July  1861  if  recorded  within  ten 
days  of  location,  or  purchase.  That  the  same  claim  shall  be 
planly  marked  or  staked  and  location  plainly  described  on  the 
record  of  the  District 

3rd  That  Tunnell  claims  may  be  400  feet  apart  and  no 
nearer,  that  each  tunnel  claim  shall  hold  two  hundred  feet  each 
way  from  the  tunnell  on  all  Lode  claims  undiscovered  which 
may  be  discovered  by  the  person  or  persons  driving  the  tunnell  & 
all  above  &  below  Provided  that  all  Lodes  discovered  over  the 
route  of  the  tunnel  after  said  tunnel  claim  is  taken  previous  to 
being  found  by  the  tunnel  Co  the  discoverer  thereof  shall  be  en- 
titled to  the  claim  down  as  deep  as  50  feet  &  the  length  of  100 
feet  on  the  Lode,  as  discovery  and  the  same  by  preemption  if 
within  the  limits  of  the  tunnel 

4th  That  after  the  1st  day  of  July  1861  said  claims  shall 
be  worked  regularly  once  in  ten  days  until  they  shall  have  tun- 
nelled in  fifty  feet  after  which  they  shall  hold  good  vsrithout 
labor  as  real  estate. 

5"  That  Art  4"  in  regard  to  work  shall  be  construed  to 
mean  at  least  five  days  work  every  ten  days. 

6th  That  no  company  shall  hold  more  than  two  tunnel 
claims  in  the  district  by  location  and  only  two  by  purchase 

7"  That  person  or  persons  owning  tunnel  claims  shall 
have  the  right  of  way  or  room  for  pasage  through  all  Lodes  dis- 


WISCONSIN  DISTRICT  153 

covered  previous  to  the  location  of  the  tunnel  claim  but  shall 
have  no  portion  of  the  quartz. 

8"  That  the  Tunnel  Co  shall  be  compelled  to  convey  the 
water  over  the  lodes  that  may  be  sunk  deeper  than  the  tunnel, 
or  the  right  granted  to  persons  owning  the  lodes  to  tunnel  to 
his  claim  for  the  purpose  of  draining. 

Art  9"  Resolved  that  all  water  claims  shall  be  measured 
up  &  down  the  stream  taking  the  general  course  of  the  Creek 
and  run  from  point  to  point  reaching  the  creek  at  end  of  each 
claim  &  not  to  follow  the  short  turns  of  the  stream  and  that 
persons  holding  water  claims  shall  be  entitled  to  sufficient 
ground  on  either  side  for  building  on  &  improvement  of  the 
claim. 

Sheriffs  Office  being  vacant,  R  Akin  was  duly  elected  sher- 
iff of  the  district,  &  C.C.  Welch  Stake  Master,  and  both  of  said 
officers  to  have  power  to  appoint  a  deputy. 

The  meeting  then  adjourned  "Sine  Die" 

MINUTES  OF  OCTOBER  27,  1860 

At  a  meeting  held  pursuant  to  a  call  of  Ira  Andrews  & 
other  Miners,  the  miners  assembled  at  2  o'Clock  P.M.  J  W 
Amdt  was  called  to  the  chair  and  E.  L.  Moody  chosen 
Secretary. 

On  Motion  of  H.  R.  Howard  The  Meeting  proceeded  to 
ballot  for  the  following  officers  Viz.  President,  Recorder,  and 
Sheriff,  resulting  in  the  choice  of  J.W.  Arndt  for  President, 
Ed.L.  Moody  for  Recorder  and  Stephen  Card  for  Sheriff. 

On  Motion  of  Mr  Card,  Mr  Sibley  was  required  to  deliver 
the  Wisconsin  District  Records  to  the  Recorder  Elect  within 
three  days. 

The  Meeting  then  adjourned  to  meet  at  the  house  of  W.  D. 
Slate  &  Co  Nov  3rd  1860. 
J.  Wallace  Amdt  Chairman  Ed  L.  Moody  Seer 

MINUTES  OF  NOVEMBER  3,  1860 
At  a  meeting  held  this  3rd  day  of  November  1800     The 


154  GILPIN  COUNTY  RECORDS 

meeting  was  called  to  order  by  the  President.     Whereupon  the 
Constitution  and  by  laws  were  read  by  the  Eecorder. 

On  Motion  of  E.B.  Newman  the  following  Eesolution  was 
passed — Resolved  that  at  the  discovery  hole  of  every  Gulch  or 
Lode,  be  a  stake  firmly  placed,  bearing  the  name  of  the  discov- 
erer, also  the  name  of  the  Lode  or  Gulch,  and  that  persons  pre- 
empting claims  on  said  Lode  or  Gulches  are  not  required  to 
number  the  claims  on  the  Stake.  But  by  placing  them  on  file  in 
the  Recorders  Office,  the  said  claim  or  claims  shall  hold  good 
for  ten  days  without  recording 

On  Motion  it  was  Resolved  that  a  Committee  of  three  be 
elected  to  revise  the  laws  of  Wisconsin  District,  and  whenever 
ready  to  report,  that  they  shall  notify  the  President  to  that 
effect,  and  it  shall  be  the  duty  of  the  President  to  call  a  meeting 
of  the  miners  to  receive  their  report  On  Motion  J.W.  Arndt, 
E.L.  Moody  &  G.W.  Hawkins  were  elected  said  Committee. 

On  Motion  the  meeting  was  adjourned  "Sine  die" 
J.  Wallace  Arndt  President  E.Lw  Moody  Rec. 

MINUTES  OF  NOVEMBER  24,  1860 

At  a  Meeting  of  the  Miners  of  Wisconsin  District  held 
Nov  24th  1860,  according  to  notice,  the  following  motion  was 
adopted. 

That  the  Miners  of  this  District  give  permission  to  Mam- 
mouth  City  Road  Co  to  build  a  Toll  Road  from  Mammouth 
City  down  Boulder  Creek  to  the  limits  of  this  District,  hereby 
granting  them  the  right  of  w^ay  and  giving  them  permission  to 
erect  a  Toll  Gate  thereon. 

On  Motion  G.  W.  King  was  added  to  the  comittee  for  com- 
piling a  Code  of  Laws. 

On  Motion  the  meeting  adjourned 
J.  Wallace  Arndt  President  E.L.  Moody  Recw 

LAWS  AND  MINUTES  OF  DECEMBER  13,  1860^ 

Mammoth  City,  December  13th  A  D  1860 
At  a  meeting  held  Dec  13th  1860  for  the  purpose  of  re- 

*  Wisconsin  District,  Records. 


WISCONSIN  DISTRICT  155 

ceiving  the  report  of  the  Committee  previously  chosen  to  revise 
the  Laws  of  this  District,  and  to  transact  such  other  business  as 
was  necessary  the  President  &  Recorder  being  absent  Geo  W 
Ring  was  chosen  President  pro  tern  and  E  B  Xe%vman  Deputy 
Recorder  acted  as  Secretary  Meeting  called  to  order  a  peti- 
tion was  presented  to  the  miners  of  this  District  from  those  of 
Climax  District  asking  to  be  annexed  to  Wisconsin  District  to 
become  a  part  of  the  same  and  be  governed  by  the  same  Laws 

On  Motion  said  District  was  annexed  On  Motion  the  re- 
port of  the  Committee  on  the  revision  of  the  District  Laws  was 
read 

On  motion  said  report  was  received  and  Committee  dis- 
charged 

On  motion  said  report  was  again  read  by  the  Secretary 

On  Motion  the  follomng  Laws  as  revised  were  adopted 

Boundary  of  Wisconsin  District 

Be  it  enacted  That  the  boundery  of  Wisconsin  District  be 
as  follows  Commencing  on  the  summit  of  a  bald  mountain  sit- 
uated near  the  head  of  North  Clear  Creek  and  running  thence 
in  a  Northerly  direction  along  the  summit  of  the  Snowy  Range 
to  the  divide  that  runs  East  and  west  on  the  north  side  of  Mid- 
dle Boulder  Creek  Thence  east  along  the  summit  of  said  divide 
to  the  East  end  of  a  Prairie  being  at  the  junction  of  Middle  and 
South  Boulder  Creek  Thence  south  to  North  Clear  Creek 
Thence  west  along  the  south  side  of  said  creek  to  eastern  point 
of  the  divide  being  next  south  of  Secreta  Gulch  Thence  in  a 
westerly  direction  following  the  summit  of  said  divide  to  the 
place  of  beginning 

Article  1st  Be  it  enacted  That  the  officers  of  said  District 
shall  consist  of  a  President  Recorder  Sheriff  and  Stake  Master 

Art  2nd  Be  it  further  enacted  That  it  shall  be  the  duty 
of  the  President  to  preside  at  all  public  meetings  of  the  Citizens 
of  this  District  when  called  for  purposes  relating  to  public  busi- 
ness of  the  District,  to  give  the  casting  vote  in  case  of  tic;  to 
preside  and  act  as  Judge  of  the  Miners  Court  to  be  held  in  this 
District 


156  GILPIN  COUNTY  RECORDS 

Art  3rd  Be  it  further  enacted  That  it  shall  be  the  duty 
of  the  Recorder  to  keep  in  a  propper  book  a  record  of  all  claims 
deeds  mortgagues  and  other  papers  that  shall  be  filed  for  record 
upon  the  payment  of  fee  hereinafter  provided,  and  to  furnish 
Certificates  for  the  same  when  required  so  to  do  writing  upon 
the  back  of  each  certificate  deed  mortgague  or  other  papers  the 
date  when  each  claim  or  paper  was  filed  for  record  The  Re- 
corder shall  also  be  exoficio  Secretary  of  the  District  and  to 
act  as  such  at  all  public  meetings  of  the  District  keeping  the 
minutes  of  the  same  free  of  charge 

Art  4th  Be  it  further  enacted  That  the  Sheriff  shall  have 
the  same  power  by  virtue  of  his  office  as  under  the  laws  of 
Kansas 

Art  5th  Be  it  further  enacted  That  it  shall  be  the  duty 
of  the  Stake  Master  upon  the  payment  of  fees  hereinafter  pro- 
vided to  settle  all  disputes  in  regard  to  the  boundery  of  claims 
when  required  so  to  do  by  either  of  the  disputants  measuring 
and  staking  off  the  bounderies  of  said  disputed  claims. 

Art  6th  Be  it  further  enacted  That  the  fees  of  the  Presi- 
dent shall  be  five  dollars  for  presiding  at  each  trial  and  double 
the  fees  allowed  by  the  Laws  [of]  Kansas  for  making  out  the 
necessary  papers  for  him  to  make 

Art  7th  Be  it  further  enacted  That  the  fees  of  the  Re- 
corder shall  be  fifty  cents  for  recording  each  claim  or  instru- 
ment of  writing  not  exceeding  one  hundred  words ;  and  one  dol- 
lar each  for  all  others 

Art  8th  Be  it  further  enacted  that  the  Sheriff  may 
charge  double  the  fees  allowed  by  the  laws  of  Kansas 

Art  9th  Be  it  further  enacted  That  the  fees  of  the  Stake- 
master  shall  be  one  dollar  for  measuring  and  staking  each  dis- 
puted claim  and  twenty  five  cents  each  for  all  other  claims  nec- 
essary to  be  measured  to  ascertain  the  bounderies  of  said  dis- 
puted claims 

Art  10th  Be  it  further  enacted  That  the  term  claim  shall 
be  construed  to  mean ;  when  applied  to  a  Lode  one  hundred  feet 
in  length  of  the  same  and  fifty  feet  wide;  when  applied  to  a 
Gulch  one  hundred  feet  in  lengih  following  its  meanderings  and 


WISCONSIN  DISTRICT  157 


extending  from  bank  to  bank ;  when  applied  to  Patch  diggings 
one  hundred  feet  square;  when  applied  to  a  Tunneling  claim 
two  hundred  feet  each  side  of  the  point  marked  for  the  center 
of  the  Tunnel;  when  applied  to  a  Quartz  mill  claim  two  hun- 
dred and  fifty  feet  square;  when  applied  to  a  ditch  claim  the 
entire  distance  staked  out  which  they  intend  to  run  the  same  or 
shown  by  the  survey  or  stakes ;  when  applied  to  water  claim  the 
exclusive  right  to  use  water  for  mining  or  mill  purposes  upon 
any  stream  not  exceeding  in  distance  two  hundred  and  fifty  feet 
measured  in  a  straight  line  and  touching  the  centre  of  the 
stream  at  each  end  of  the  claim  when  applied  to  a  farming  or 
ranche  claim  one  hundred  and  sixty  acres  when  applied  to  a 
building  claim  sixty  feet  front  and  one  hundred  feet  deep 

Art  11th  Be  it  further  enacted  That  no  person  shall  hold 
more  than  one  Lode  Gulch  Patch  or  Water  claim  on  the  same 
Lod  Gulch  Patch  Diggings  or  Stream  except  by  purchase  or  dis- 
covery; and  no  person  shall  hold  more  than  one  building  farm- 
ing or  ranch  claim  except  by  purchase 

Art  12th  Be  it  further  enacted  That  each  Discovery 
claim  shall  be  marked  and  recorded  as  such 

Art  13th  Be  it  further  enacted  That  when  claims  are 
taken  or  held  in  the  name  of  a  company  the  Company  shall  place 
on  record  the  firm  name  and  the  name  of  each  individual  mem- 
ber of  said  Company 

Art  14th  Be  it  further  enacted  That  all  deeds  bonds  con- 
tracts bills  of  sale  or  instruments  of  any  kind  relating  to  the 
conveyance  of  claims  and  bonds  shall  be  witnessed  by  at  least 
two  disinterested  persons  and  recorded 

Art  15th  Be  it  enacted  That  when  water  companies  are 
engaged  in  bringing  water  into  any  portion  of  the  mines  they 
shall  have  the  right  of  way  secured  to  them  and  may  pass  over 
any  claim  road  or  ditch  provided  the  water  is  so  guarded  as  not 
to  interfere  with  vested  rights 

Art  16th  Be  it  enacted  That  any  person  shall  be  eiititUMl 
to  one  Tunnel  claim  in  the  District  by  Tvocation  and  shall  li.)l<i 
good  without  labor  till  the  1st  day  of  July  IftOl  if  recorded 

Art  17th      lie  it  further  enacted  That  the  Siiid  claims  shall 


158  GILPIN  COUNTY  RECORDS 

be  plainly  marked  or  staked  and  location  plainly  described  on 
the  records  of  the  District 

Art  18tli  Be  it  further  enacted  That  Tunnel  claims  may 
be  four  hundred  feet  apart  and  no  nearer  that  each  Tunnel 
claim  shall  hold  two  hundred  feet  each  way  from  the  Tunnel 
on  all  Lode  claims  undiscovered  which  may  be  discovered  by  the 
person  or  persons  owning  the  Tunnel  and  all  above  and  below 
Provided  that  all  Lodes  discovered  over  the  route  after  said 
Tunnel  claim  is  taken  previous  to  being  found  by  the  Tunnel 
Company  the  discoverer  thereof  shall  be  entitled  to  the  claim 
do-wn  as  deep  as  fifty  feet  and  one  hundred  feet  the  length  of 
the  Lode  and  the  same  by  preemption  if  within  the  limits  of 
the  Tunnel 

Art  19th  Be  it  further  enacted  That  after  the  1st  day 
of  July  1861  said  claim  shall  be  worked  regularly  once  in  ten 
days  until  they  shall  have  Tuneled  in  fifty  feet  after  which  they 
shall  hold  good  without  labor  as  real  estate 

Art  20th  Be  it  further  enacted  That  Art  19th  in  regard 
to  work  shall  be  construed  to  mean  at  least  five  days  work  every 
ten  days 

Art  21st  Be  it  further  enacted  That  no  Company  shall 
hold  more  than  two  Tunnel  claims  in  the  District  by  location. 

Art  22nd  Be  it  further  enacted  That  any  person,  or  pei^ 
sons  owning  Tunnell  claim  shall  have  the  right  of  way  or  route 
for  passage  through  all  lodes  discovered  previous  to  the  location 
of  the  tunnel  but  shall  have  no  portion  of  the  Quartz 

Art  23rd  Be  it  further  enacted  That  the  Tunnel  Co 
shall  be  compelled  to  convey  the  water  over  the  Lodes  that  may 
be  sunk  deeper  than  the  Tunnel  or  the  right  granted  to  the  per- 
sons owning  the  Lodes  to  tunnel  to  his  claim  for  the  purpose  of 
draining 

Art  24th  Be  it  enacted  That  in  any  District  or  Territory 
that  has  been  or  shall  be  annexed  to  this  District  all  claims  held 
in  good  faith  by  premption — purchase  or  discovery  shall  be 
valid  after  such  District  or  Territory  is  annexed 

Art  25th  Be  it  further  enacted  That  no  person  be  enti- 
tled to  vote  on  Lode  Gulch  or  Water  claims  respectively  unless 


WISCONSIN  DISTRICT  159 

he  own  in  this  District  such  a  chiim  or  claims  as  said  business 
shall  pertain  to  to  wit  a  Lode  Gulch  or  Water  claim 

Art  26th  Be  it  enacted  That  all  motions  made  at  a  meet- 
ing of  the  District  shall  be  in  writing 

Art  27th  Be  it  further  enacted  That  the  President  may 
at  any  time  he  deems  it  necessary  call  a  public  meeting  of  the 
Citizens  of  the  District  by  giving  not  less  than  forty  eight  hours 
notice  and  by  posting  six  notices  in  as  many  conspicuous  places 
in  the  District. 

Art  28th  Be  it  enacted  That  persons  cutting  trees  for 
timber  or  other  purposes  shall  by  cutting  or  stamping  their  mark 
upon  the  same  and  having  said  mark  recorded  hold  said  fallen 
trees  as  other  personal  property 

Art  29th  Be  it  further  enacted  That  all  claims  in  this 
District  held  by  preemption  purchase  or  discovery  shall  be  held 
as  real  estate  except  as  hereinbefore  provided  in  regard  to  Tun- 
nel claims 

Art  SOtli  Be  it  enacted  That  an  annual  meeting  shall  be 
held  for  the  election  of  officers  on  the  first  Monday  of  December 
of  each  year  and  the  officers  elected  shall  hold  their  respective 
offices  for  one  year  or  until  their  successors  are  elected  unless 
they  shall  die  resign  remove  from  the  District  or  be  removed 
from  office  for  misconduct,  or  neglect  of  official  duties 

Art  31st  Be  it  further  enacted  That  in  case  of  temporary 
absence  of  any  of  the  officers  of  the  District  they  shall  have  the 
power  to  appoint  a  deputy  to  act  in  their  absence  but  if  they  are 
absent  to  exceed  thirty  days  their  office  may  be  declared  vacant 
for  neglect  of  duty  in  manner  as  hereinafter  provided  but  in 
case  it  is  the  President  who  is  so  absent  the  Recorder  may  call 
a  meeting  for  his  trial  in  manner  as  hereinafter  provided 

Art  32rd  Be  it  enacted  That  when  a  petition  shall  l>e  pre- 
sented to  the  President  asking  for  a  public  meeting  of  the  citi- 
zens of  the  District  signed  by  ten  or  more  Citizens  of  the  dis- 
trict stating  the  object  of  said  meeting  it  shall  be  the  duty  of  tho 
President  to  call  in  manner  as  hereinbefore  provided  a  meeting 
agreeable  to  said  notice 

Art  33rd     Be  it  enacted  Tliat  the  Stake  ^Master  ninv  have 


160  GILPIN  COUNTY  RECORDS 

the  power  to  appoint  two  deputies  to  assist  him  in  his  official 
duties 

Art  34th  Be  it  enacted  That  no  officer  shall  be  removed 
from  office  except  by  a  two  third  vote  of  the  citizens  of  tha 
District  present  at  a  public  meeting  called  as  hereinbefore  pro- 
vided except  there  shall  be  ten  days  notice  given  and  the  notices 
shall  state  the  name  of  the  officer  to  be  tried  and  the  nature  of 
the  charges  prefered  against  him 

Art  35th  Be  it  further  enacted  That  in  case  of  a  vacancy 
of  any  office  the  citizens  may  at  any  meeting  thereafter  elect 
officers  to  fill  said  vacancies 

Art  36th  Be  it  enacted  That  it  shall  be  duty  of  the  court 
of  this  District  to  sign  all  writs  issuing  out  of  said  court  either 
by  himself  or  his  clerk  to  make  all  transcripts  of  judgments  re- 
quired, on  payment  of  his  fees;  to  enter  judgiuents  and  issue 
execusions,  and  pay  over  to  the  proper  parties  moneys  collected 
on  such  judgments  and  execusions ;  to  try  all  criminals  and  hold 
all  moneys  he  may  receive  for  the  District  for  fines  and  judg- 
ments subject  to  a  vote  of  the  majority  of  the  people  taken  at 
any  meeting  where  notice  for  such  a  vote  is  given  in  the  call  for 
the  meeting,  and  to  perform  such  other  duties  as  necessarily 
appertain  to  his  office 

Art  37th  Be  it  further  enacted  That  if  the  judge  of  said 
court  shall  not  be  able  to  attend  any  trial  or  shall  be  disqualified 
from  any  case  to  try  any  suit,  or  if  there  shall  be  more  business 
til  an  the  court  can  attend  to  or  if  any  person  shall  make  his 
affidavit,  in  writing  that  he  does  not  believe  he  can  have  a  fair 
and  impartial  trial  before  the  said  judge  of  said  court  or  if 
the  said  court  shall  be  interested  in  the  event  of  any  suit  either 
as  plaintiff  or  defendant,  or  with  either  of  them  in  any  manner 
Then  the  respective  parties  shall  each  choose  an  arbitrator  and 
the  arbitrators  so  chosen  shall  choose  a  third  and  the  three  arbi- 
trators shall  sit  and  hear  the  case  and  their  decision  shall  be  final 
as  far  as  the  court  of  this  district  is  concerned 

Art  38th  Be  it  further  enacted  That  the  court  of  this  Dis- 
trict shall  have  equity  as  well  as  law  jurisdiction  and  may  grant 
writs  of  injunctions  upon  motion  in  all  proper  cases  and  all 


WISCONSIN  DISTRICT  161 

other  motions  upon  proper  cause  shown,  to  he  supported  by 
affidavits  alone  and  all  such  other  acts  as  a  court  of  equity  has 
power  to  do 

Art  39th  Be  it  further  enacted  That  the  said  court  shall 
have  power  to  appoint  its  own  clerk  whenever  it  shall  be  deemed 
necessary  and  the  said  clerk  shall  have  such  power  as  a  clerk 
of  record  has  by  the  laws  of  Kansas  relating  to  matters  that  may 
come  before  the  court  in  consequence  of  some  process  issued 
therefrom 

Art  40th  Be  it  enacted  That  if  any  person  shall  wish  to 
commence  a  civil  action  in  the  court  of  this  District  he  shall  file 
with  the  judge  or  Clerk  thereof  a  statement  in  writing  setting 
forth  his  grounds  of  complaint  which  shall  contain  all  the  alle- 
gations and  facts  necessary  to  constitute  a  cause  of  action  in  plain 
and  unequivaoal  language.  Such  statement  if  in  equity  shall  be 
in  the  nature  of  a  petition ;  and  if  in  law  of  a  complaint  as  the 
case  may  be.  Upon  the  filing  of  either  a  petition  or  complaint 
as  aforesaid  the  court  or  the  clerk  thereof  shall  issue  a  writ  of 
summons  to  be  served  upon  the  defendant  to  appear  and  answer 
at  the  time  therein  named  or  judgment  will  be  taken  against 
the  defendant  by  defalt.  If  the  relief  demanded  be  for  a  sum 
of  money  the  amount  shall  be  stated  in  the  summons ;  if  for  a 
sum  of  money  and  other  relief  the  summons  shall  state  its  sub- 
stance, that  if  the  defendant  do  not  appear  and  answer  at  the 
time  therein  named  judgment  will  be  taken  against  him  by 
default  for  the  sum  of  money  demanded  and  such  other  relief 
as  the  court  may  deem  neo.  If  the  remedy  applied  for  shall 
not  be  for  any  sum  of  money  the  summons  shall  ask  judgment 
for  the  relief  demanded  in  the  complaint  if  at  law  or  the  peti- 
tion if  in  equity. 

Art  41st  Be  it  further  enacted  That  the  defendant  may 
at  any  time  before  the  time  of  trial  at  law  of  any  cause  entered 
in  the  miners  court  file  his  answer  or  demurrer,  upon  either  of 
which  the  plaintiff  may  join  issue  and  if  an  answer  be  filed  con- 
taining new  matter  irrelevant  to  the  issue  it  must  be  denied  or 
avoided  by  the  plaintiff  in  his  reply ;  and  all  matters  not  denied 


162  GILPIN  COUNTY  RECORDS 

or  avoided  by  one  p[l]eading  subsequent  to  anotber  sball  be 
taken  as  confessed  and  true 

Art  42nd  Be  it  further  enacted  That  all  pleadings  sub- 
sequent to  tbe  petition  in  equity,  sball  be  the  same  as  used  in  the 
United  States  courts  of  equity  and  the  term  of  three  days  shall 
be  granted  for  the  filing  of  each  pleading  subsequent  to  another 
until  the  issue  is  made  up 

Art  43rd  Be  it  further  enacted  That  all  pleas  in  equity 
shall  be  verified  and  no  remedy  shall  be  allowed  in  equity  when 
the  same  can  be  had  at  law. 

Art  44th  Be  it  further  enacted  That  in  all  cases  of  the 
foreclosure  of  a  mortgage  or  lien  of  any  kind  upon  a  claim  the 
equity  of  redemption  shall  not  extend  beyond  ninety  days 

Art  45th  Be  it  further  enacted  That  in  all  cases  of  judg- 
ment for  the  partition  of  claims  between  joint  owners,  three  dis- 
interested commissioners  shall  be  appointed  by  the  court  who 
shall  aifect  such  partition 

Art  46th  Be  it  further  enacted  That  the  rules  of  evi- 
dence as  admitted  in  the  court  of  the  United  States  shall  be 
observed  in  the  miners  court  with  the  exception  that  either  party 
may  file  his  affidavit  in  court  at  any  time  before  the  commence- 
inent  of  a  trial  wherein  he  may  depose  to  any  facts  relative  to 
the  issue  and  shall  thereafter  depose  in  the  same  that  none  of 
the  foregoing  facts  contained  in  such  affidavit  can  be  proven  by 
any  witness  whose  evidence  it  is  possible  to  procure  either  by  de- 
position or  the  usual  process  of  this  court  to  compel  the  attend- 
ance of  witnesses  when  the  affidavit  may  be  read  in  evidence. 
The  adverse  party  may  have  the  right  to  rebut  or  explain  the 
said  facts,  so  set  forth  by  affidavit  or  depose  to  any  facts  that 
may  legally  affect  the  matters  deposed  to  by  his  opponent  which 
affidavit  may  also  be  read  in  evidence. 

Art  47tli  Be  it  further  enacted  That  depositions  may  be 
used  in  this  court  in  evidence  provided  the  witness  is  sick  and 
unable  to  attend  the  place  of  trial,  about  to  leave  the  country, 
or  is  out  of  the  jurisdiction  of  the  court  Notice  shall  be  given 
to  the  adverse  party  of  the  time  and  place  where  the  said  depo- 
sition is  to  be  taken,  The  opposite  party  may  demand  the  nature 


WISCONSIN  DISTRICT  163 

of  the  evidence  expected  to  be  proven  by  the  absent  witness  and 
upon  its  being  stated  may  if  he  chooses  admit  such  evidence  and 
proceed  to  trial 

Art  48th  Be  it  further  enacted  That  in  all  cases  of  at- 
tachments and  replevin  the  practice  perscribed  by  the  laws  of 
Kansas  shall  be  observed  and  when  in  the  case  of  attachment 
the  defendant  has  left  the  country  or  keeps  himself  secreted 
within  the  same,  so  that  process  cannot  be  served  upon  him  pul> 
lication  in  some  public  newspaper  printed  in  the  county  for 
two  week  shall  be  deemed  sufficient  notice.  The  order  of  publi- 
cation shall  not  be  granted  by  the  court  unless  a  summons  has 
been  returned  by  a  proper  officer,  which  return  shall  show  that 
he  has  made  diligent  search  and  inquiry  and  cannot  learn  that 
the  defendant  is  in  this  country  or  that  he  cannot  find  the  de- 
fendant and  believes  he  keeps  himself  secreted  to  avoid  the  serv- 
is  of  a  summons  togather  with  other  evidence  tending  to  make 
either  of  said  facts  appear 

Art  49th  Be  it  further  enacted  That  garnishee  process 
may  issue  as  a  part  of  the  original  writ  to  be  served  on  both  de- 
fendant and  garnishee  or  separately ;  or  it  may  be  issued  after 
execusion  is  returned  unsatisfied ;  and  in  either  case  if  the  gar- 
nishee pay  the  demand  over  to  the  defendant  after  legal  notice 
he  shall  still  be  held  liable  to  the  amount  of  plaintiff's  judgment 
and  costs  if  he  was  indebted  to  that  amount  when  service  was 
made  and  if  in  a  smaller  sum  the  amount  he  was  indebted  at  the 
time  notice  was  served 

Art  50th  Be  it  further  enacted  That  all  special  proceed- 
ings in  the  court  of  this  District  shall  be  conducted  according 
to  the  forms  prescribed  in  the  Statutes  of  Kansas  for  the  year 
one  thousand  eight  hundred  and  fifty  nine  as  far  as  consistent 
with  the  laws  and  local  affairs  of  this  District ;  and  all  motions 
relating  to  such  proceedings  shall  be  sustained  or  approved  by 
affidavits  alone 

Art  5l8t  Be  it  further  enacted  That  new  trials  of  all 
causes  which  have  been  or  may  be  tried  shall  l)c  granted  upon 
the  same  terms  or  by  the  rules  of  the  common  law,  and  it  shall 


164  GILPIN  COUNTY  RECORDS 

be  discretionary  with  the  coin-t  in  all  cases  to  grant  or  reject  the 
application 

Art  52nd  Be  it  further  enacted  That  no  debt  or  demand 
of  any  nature  shall  be  collected  by  suit  in  this  court  which  has 
not  originated  either  in  coming  to  this  mining  region  or  since 
the  a  rival  of  such  debtor  within  the  proposed  limits  of  this 
Territory 

Art  53rd  Be  it  further  enacted  That  in  all  cases  where 
the  liability  of  persons  in  action  founded  upon  contract  or  in 
mixed  actions  is  not  pointed  out  and  defined  by  the  laws  of  this 
District  the  common  law  rules  shall  apply  as  to  such  liability 

Art  54th  Be  it  further  enacted  That  in  all  cases  where 
a  civil  action  is  hereafter  commenced  in  the  court  of  this  Dis- 
trict the  plaintiff  shall  file  a  bond  with  one  or  more  good  and 
sufiieient  sureties  conditioned  to  pay  all  costs  which  may  be 
taxed  against  him  in  case  he  should  fail  to  recover  judgment  in 
said  suit 

Art  55th  Be  it  further  enacted  That  in  case  the  costs 
cannot  be  collected  against  the  defendant  in  any  cause,  wherein 
the  plaintiff  shall  recover  judg-ment,  the  said  plaintiff  shall  be 
held  responsible  for  all  costs  he  shall  make  in  said  suit 

Art  56th  Be  it  further  enacted  That  upon  the  return  day 
of  a  summons  either  party  may  call  for  a  jury  which  shall  con- 
sist of  twelve  men  unless  a  less  number  shall  be  agreed  upon 
by  the  respective  parties.  A  party  first  calling  for  a  jury  shall 
advance  the  fees  for  the  same  at  the  rate  of  one  dollar  and  fifty 
cents  for  each  juror;  and  all  cases  tried  by  a  jury  shall  be  final 
so  far  as  regards  the  court  of  this  District  When  called  each 
party  shall  have  the  right  to  three  preemptory  chalenges  besides 
chalenges  for  cause 

Art  57th  Be  it  further  enacted  That  if  any  person  shall 
enter  an  appeal  from  the  Judge  of  the  court  of  this  District  he 
shall  give  notice  thereof  on  the  same  day  the  first  virdict  was 
rendered  either  by  giving  a  notice  in  open  court  or  procuring 
the  same  to  be  entered  upon  the  docket  of  the  Court  and  shall 
perfect  his  appeal  within  three  days  by  paying  up  all  chosts  be- 
fore that  time  giving  security  for  future  chosts  and  advancing 


WISCONSIN  DISTRICT  165 

the  jurors'  fees ;  the  cause  shall  then  set  for  trial  two  weeks  from 
the  first  trial  unless  sooner  agreed  upon  between  the  parties 

Art  58th  Be  it  further  enacted  That  jurors  shall  try  all 
causes  in  equity  as  well  as  law  and  in  equity  may  render  special 
verdicts  upon  which  the  court  may  enter  judgment  and  issue  its 
decree  on  order 

Art  59th  Be  it  further  enacted  That  the  defeated  party 
shall  be  in  all  cases  liable  for  the  costs  of  suit 

Art  60th  Be  it  further  enacted  That  all  execusions  issu- 
ing out  of  the  court  of  this  District  shall  be  made  returnable  in 
twenty  days  from  date  and  the  Sheriff  shall  note  on  each  execu- 
sion  the  day  he  received  the  same  and  return  the  said  execusion 
within  the  said  twenty  days  whether  satisfied  or  not  with  his 
proper  return  thereon  endorsed 

Art  61st  Be  it  further  enacted  That  there  shall  be  ex- 
empt from  levy  and  sale  upon  execution  all  tools,  for  mining, 
bedding  clothing  cooking  utensils  and  necessary  provisions  for 
three  months  and  in  case  of  a  man  residing  \vith  his  family  a 
dwelling  house  not  exceeding  five  hundred  dollars  in  value  and 
such  other  articles  of  household  furniture  as  are  strictly  neces- 
sary togather  with  a  bible  family  pictures  and  relicts 

Art  62nd  Be  it  further  enacted  That  notices  of  all  prop- 
erty taken  on  execusion  shall  be  posted  in  three  conspicuous 
places  in  the  District  for  the  five  days  next  preceeding  the  sale 
thereof  and  the  Sheriff  may  adjourn  the  sale  at  any  time  when 
it  appears  that  the  property  posted  cannot  be  sold  unless  at  a 
great  sacrifice  for  want  of  bidders 

Art  63rd  Bet  further  enacted  That  money  collected  on 
execusion  shall  be  paid  into  the  hands  of  the  court  by  the 
Sheriff  to  satisfy  the  judgment  in  whole  or  in  part  that  may  1x3 
recorded  on  his  books  and  the  court  shall  pay  the  same  to  the 
proper  parties  or  their  attorney 

Art  64th  Be  it  further  enucted  That  all  laws  coiillicting 
with  those  passed  by  the  citizens  of  this  District  at  a  public 
meeting  held  on  the  18th  of  December  1S60  are  hereby  re|)oaled 
and  shall  cease  to  take  affect  after  this  date;  and  the  laws  pass 


166  GILPIN  COUNTY  RECORDS 

at  the  said  time  herein  before  specified  shall  take  affect  im- 
mediately Approved  Dec  13th  1860 

A  motion  was  made  and  seconded  That  in  as  much  as  the 
officers  of  the  District  were  absent  and  would  be  till  after  their 
term  of  office  expire  we  elect  officers  under  the  new  laws ;  mo- 
tion carried 

On  motion  meeting  proceeded  to  the  election  of  officers 
which  resulted  as  follows  Geo  W  King  was  elected  President 
E  B  jSTewman  Recorder  Joseph  Babcock  Sheriff  and  C  C  Walsh 
Stakemaster 

On  motion  meeting  adjourned 

E  B  i^ewman  Sec 

MINUTES  OF  JULY  4,  1861 

At  a  meeting  of  the  miners  of  Wisconsin  District  held  July 
4th  1861  the  follo^ving  business  was  transacted  to  wit,  Minutes 
of  the  last  meeting  read  and  approved,  Also  the  laws  as  revised 
and  adopted  Dec  13th  1860  were  read 

As  some  dispute  arose  about  the  legality  of  the  meeting 
when  said  laws  were  adopted  a  motion  was  made  &  seconded 
that  said  laws  be  again  adopted  by  the  voters  then  present,  said 
motion  carried 

On  Motion  a  committe  of  five  were  appointed  by  the  Presi- 
dent to  make  such  amendment  and  additions  to  the  laws  as  they 
deemed  necessary  and  to  report  before  said  meeting  adjourned 
Said  committe  consisted  of  I  Janney,  E  P  Hammond  W  D 
Slate  L  Rouschmayer  and  S.  Brown 

After  a  short  intermission  said  committee  brought  in  the 
following  amendments  and  resolutions,  which  after  being  re- 
ceived and  committe  discharged  were  adopted.  Amendments 

Art  7th  amended  to  read  thus.  Instead  of,  and  one  dollar 
each  for  all  others  say  "  and  twenty  cents  pr  folio  thereafter 

Art  26th  amended  to  read  thus  All  motions  made  shall 
be  in  writing  or  otherwise  ordered  by  the  President 

Art  29  amended  to  read  thus,  That  all  claims  in  this  Dis- 
trict held  by  preemption  purchase  or  discovery  shall  be  held  as 


WISCONSIN  DISTRICT  167 

real  estate  excep  Gulch  claims  and  as  herein  before  provided  in 
regard  to  Tunnel  claims 

Article  30th  Amended  to  read  (instead  of  an  annual  meet- 
ing that  a  scemi  annual  meeting  sliall  be  held  on  the  first  Mon- 
day of  July  and  December  respectively  of  each  year  for  the  pur- 
pose of  electing  ofiicers  &  c 

Art  31st  amended  thus  instead  of  thirty  days,  say  fifteen 
days 

Additions 

Art  65th  Be  it  further  enacted  That  the  President  and 
Sheriff  be  required  to  give  bonds  of  two  hundred  dollars  each 
for  the  faithful  performance  of  the  duties  of  their  respective 
offices 

Art  66th  Be  it  further  enacted  That  all  Gulch  claims 
owned  by  persons  residing  out  of  the  District  are  hereby  de- 
claired  subject  to  preemption  from  July  4th  1861 

Art  67th  Be  it  further  enacted  That  all  Gulch  claims 
shall  be  worked  one  day  out  of  every  twenty  days  from  the  first 
of  July  till  the  first  of  October  of  each  year  or  subject  to  pre- 
emption 

On  motion,  it  was  made  a  law  that  every  man  taking  claims 
should  write  his  name  on  the  stake  at  discovery  and  the  number 
he  claims 

After  discussing  at  some  length  the  propriety  of  calling 
another  meeting  for  the  election  of  officers  it  was  finaly  settled 
by  a  vote  of  the  majority  present  in  favor  of  another  meeting 

On  motion  meeting  adjourned 

E  B  Newman  Sec 

MINUTES  OF  JULY  8,  1861 

At  a  meeting  of  the  miners  of  Wisconsin  District  July  8th 
1861  for  the  purpose  of  electing  officers,  the  house  Ix-in  called 
to  order  I  Janney  [blank]  were  appointed  tellers  and  meeting 
proceeded  to  the  election  of  officers  which  resulted  as  follows 


168  GILPIN  COUNTY  RECORDS 

Geo  W.   King  was  elected  President  E  B  Xewman  Re- 
corder S  V  Card  Sheriff  and  E  P  Hammond  Stakemaster 
On  Motion  meeting  adjourned 

E.  B.  Newman  See 

MINUTES  OF  JULY  24,  1861 

Mammoth  City  July  24th  1861 

At  a  meeting  of  the  miners  of  Wisconsin  District  held  July 
24th  1861  the  following  resolutions  were  passed 

1st  Resolved  that  we  grant  to  the  miners  of  Erick  Gulch 
the  privilege  of  electing  a  Justice  of  Peace  and  Sheriff  to 
serve  in  that  portion  of  this  District  Also  they  are  to  have  the 
Recorder  of  this  District  or  his  deputy 

2nd  Resolved  That  if  any  person  makes  his  affidavit  that 
he  belives  he  cannot  have  justice  done  him  before  either  of  the 
courts  of  the  District  he  can  appeal  to  the  other 

3rd  Resolved  That  no  appeal  can  be  taken  from  the  courts 
of  this  District  to  the  courts  of  any  other  District 

4th  Resolved  That  the  defendant  be  required  to  give 
bonds  for  costs  of  suit  before  he  comes  to  trial  or  judgment  will 
be  rendered  against  him 

5th  Resolved  that  the  bonds  given  by  the  Sheriff  and 
President  be  entrusted  with  the  Recorder  of  the  District  for 
safe  keeping 

On  motion  meeting  adjourned 

E.  B.  Newman  Sec 

MINUTES  OF  JULY  27,  1861 

Erick  Gulch  July  27th  1861 
At  a  meeting  of  the  miners  of  Wisconsin  District  July 
27th  1861  for  the  purpose  of  electing  a  Sheriff  and  Justice  of 
Peace  to  serve  in  a  portion  of  the  district  known  as  Erick  Gulch 
or  Twelve  mile  diggings  the  President  being  absent  [blank] 
Selser  was  elected  President  protem  Meeting  proceeded  to  the 
election  of  officers  which  resulted  as  follows     M  G.  Huey  was 


WISCONSIN  DISTRICT  169 

elected  Justice  of  Peace  and  L  Gibbs  Sheriff.     Election  over 
the  following  resolution  was  offered  and  adopted 

Resolved  That  if  any  person  be  found  guilty  of  theft 
within  the  limits  of  this  District  the  punishment  for  the  first 
offence  shall  be  not  more  than  twenty  five  lashes  on  the  bare  back 
and  for  the  second  offense  not  more  than  fifty  lashes 

On  motion  meeting  adjourned 

E.  B.  Newman  Sec 

MimJTES  OF  NOVEMBER  2,  1861 

November  2nd  A  D  1861 

Special  meeting  of  the  Miners  of  Wisconsin  District. 

A  Notice  of  five  days  being  given  to  meet  at  Ole  Thorsens 
Cabin  fore  purpose  of  electing  President  Recorder  Sheriff  Stake 
Master  &  to  transact  such  other  business  as  might  legally  come 
before  the  Meeting,  on  Nov  2nd  1861  at  One  OC  P  M.  The 
following  was  carried  or  decided,  by  the  President. 

There  being  no  officer  in  the  District  and  all  deemed  va- 
cant, the  miners  called  Matthew  Stewart  to  the  chair  to  act  as 
President  protem  &  A  Wright  Sec. 

Meeting  called  to  order  by  the  President  who  also  permits 
motions  to  be  made  if  not  in  writing,  whereupon  the  following 
motion  was  made. 

That  we  proceed  to  elect  officers  for  Wisconsin  District  by 
"viva-voci."  &  carried  &  resulted  in  the  election  of  Alpheus 
Wright  President  and  Recorder.  Ole  Thorsen  Sheriff  & 
Matthew  Stewart  Stake-Master.  After  which  the  following  Res- 
olution was  adopted 

Ist  Resolved  that  a  tax  of  twenty  five  cents  pr  claim  be 
levied  on  all  claims  in  Wisconsin  District  for  the  improvement 
of  Roads  in  said  District,  that  said  tax  to  be,  paid  on  or  before 
the  first  day  of  June  A  D  1862  to  the  Recorder  of  said  District 
who  is  hereby  authorized  to  receive  the  same  «fe  made  ex  officio 
Treasurer 

2nd  Resolved  that  said  tax  may  be  worked  out  by  tho 
payor  at  the  rate  of  three  Dollars  jx-r  day  on  tlie  Iv(»ail  iV  Iniard 


170  GILPIN  COUNTY  RECORDS 

himself  but  said  tax  must  be  fully  satisfied  during  the  said 
month  of  June. 

3rd  Resolved  that  in  case  of  failure  of  the  payment  of 
said  Tax  either  in  money  or  work,  during  the  month  of  June 
aforesaid,  it  shall  be  the  duty  of  the  Sheriff  of  said  District  on 
notice  by  the  Recorder  &  Treasurer  to  post  up  notices  &  sell 
said  claims  the  same  as  upon  Execution  on  a  judgement,  paying 
such  surplus  over  to  the  Treasurer. 

4th  Resolved  that  in  case  of  sale  as  aforesaid  the  Delin- 
quent owner  shall  have  the  right  of  redemption  untill  the  first 
day  of  August  1862  by  paying  the  purchaser  the  principal  & 
five  pr  cent  a  month  interest. 

5th  Resolved  that  it  is  necessary  to  have  a  Road  Super- 
viser.     Whereupon  A.Wright  was  duly  elected. 

6th  That  the  duty  of  said  Supervisor  shall  be  to  inspect, 
superintend  &  generally  attend  to  the  management  of  the  road 
building,  &  shall  have  power  to  appoint  deputies  &  shall  receive 
three  Dollars  pr  day  for  the  time  actually  expended 

7th  Resolved  that  inasmuch  that  the  semi-annual  election 
of  ofiicers  of  this  District  is  so  near  at  hand,  that  this  shall  be 
deemed  the  annual  election  &  shall  be  valid,  and  that  the  officers 
elected  at  this  meeting  shall  hold  their  office  one  year  from  the 
first  Tuesday  after  the  first  Monday  in  the  Month  of  !N"ovember 
which  day  shall  hereafter  be  the  Annual  Meeting  &  Election 
day  &  laws  conflicting  with  this  are  hereby  repealed. 

Art  8th  Resolved  that  it  shall  be  the  duty  of  all  officers 
of  this  District  in  case  of  a  permanent  absence  of  inability  to 
serve  to  give  five  days  notice  to  the  District,  of  his  or  their  in- 
tended resignation 

There  being  no  further  business  the  Meeting  adjourned 
"Sine  Die" 

Alpheus  Wright  Secretary 


CLIMAX  DISTRICT 


MINUTES  AND  LAWS^ 

Mammoutb  City  Aug  20th  1860 
At  a  meeting  of  the  miners  on  South  Boulder  Creek  John 
Lane  was  chosen  Chairman  and  Ed  L  Moody  Secretary 

The  object  of  the  meeting  being  stated  to  organize  a  mining 
District  on  Middle  Boulder  Creek  and  to  make  Rules  and  regu- 
lations for  the  preservation  of  order  The  following  named 
Gentlemen  E  B  Newnam  J  Babcock  and  W  P  Ilcndrickson 
were  chosen  to  draft  said  rules  and  regulations  and  were  re- 
quested to  make  their  Report  on  the  26th  day  of  August  1860 
On  Motion  the  meeting  adjourned  to  meet  Aug  26th  1860 
at  the  house  of  W  D  Slate  &  Co 
John  Lane  Chairm.  Ed  L  Moody  Sec 

August  26th  1860 

The  Meeting  was  called  to  order  by  the  Chainnan  where- 
upon E  B  Newnam  Chairman  of  the  Committee  on  Resolution 
made  the  following  report  which  was  unanimously  accepted  by 
the  Meeting 

Art  1st  The  District  shall  be  known  by  the  name  of 
Climax 

Art  2nd  The  Bounderies  of  said  District  shall  be  as  fal- 
lows to  wit  Commencing  at  the  north  west  corner  of  Wisconsin 
District  and  running  in  an  Easterly  direction  to  the  N.E.  comer 
of  said  District  thence  North  four  miles  thence  West  to  the  sum- 
mit of  the  Snowy  range  thence  in  a  southerly  direction  to  the 
place  of  begining 

Art  3rd  The  Officers  of  said  District  shall  consist  of  a 
President  Recorder  Constable  and  Steak  Master,  Elected  by  a 

*  WiBconsin  District,  Book  C.  Climax  District  was  annexed  to  Wia- 
conein  District  in  December,  1860. 

171 


172  GILPIN  COUNTY  RECORDS 

majority  of  the  Claim  Holders  of  said  District  and  hold  their 
respective  Offices  for  a  term  of  six  months 

Art  4th  It  shall  be  the  duty  of  the  President  to  preside 
at  all  meetings  of  the  District  issue  Warrants  and  Subpoenas 
to  qualify  Witnesses  and  decide  on  all  points  of  Law  order  &;c. 

Art  5th  It  shall  be  the  duty  of  the  Recorder  to  record  all 
Claims  and  Deeds  in  the  District  Write  the  reports  of  the  meet- 
ings of  the  District  and  at  all  reasonable  hours  open  his  books 
to  the  inspection  of  any  person. 

Art  6th  It  shall  be  the  duty  of  the  Constable  to  serve 
Notices  Subpoenas  Warrants  &  C. 

Art  7th  It  shall  be  the  duty  of  the  Stake  Master  to  stake 
off  claims  whenever  called  on  so  to  do 

Art  8th  Water  Claims  shall  be  250  feet  in  length  on  a 
line  with  the  stream  with  width  sufficient  for  Mill  or  Raster 
[arasta]  purposes  more  or  less  and  taken  on  the  main  stream 
by  numbering  from  a  tree  designated  by  the  first  Claiment,  and 
on  all  tributary  streams  numbering  from  their  mouth  up 

Art  9th  Lode  and  Gulch  Claims  shall  be  taken  by  num- 
bering on  a  stake  or  tree  at  or  near  the  Discovery  hole 

Art  10th  Lead  Claims  shall  be  100  feet  long  by  50  feet 
wide,  and  Gulch  Claims  shall  be  100  feet  long  by  50  feet  wide 
following  the  meanderings  of  the  stream 

Art  11th  The  Discoverer  of  a  Claim  shall  be  entitled  to 
one  Claim  for  Discovery  and  one  by  preemption 

Art  12th  No  person  shall  be  entitled  to  more  than  one 
Claim  on  a  Lode  or  Gulch  by  preemption 

Art  13th  All  claims  shall  be  recorded  within  eight  days 
after  being  taken  and  may  be  held  as  real  estate 

Art  14th  The  Claim  Holders  of  said  District  shall  meet 
semi  annually  for  the  purpose  of  electing  Officers 

Art  15th  There  shall  be  no  Liquor  selling  or  Gambling 
Establishment  in  said  District 

Art  16th  The  President  shall  be  allowed  a  fee  of  five 
dollars  for  issuing  the  necessary  papers  and  sitting  on  each  suit, 
for  all  other  business  he  shall  be  allowed  no  fee 


CLIMAX  DISTRICT  173 

The  Recorder  shall  be  allowed  fifty  cents  for  recordiiiff  each 
Deed  Claim  &c. 

The  Constable  shall  be  allowed  twenty  five  cents  per  mile 
going  and  returning  for  all  necessary  distances  traveled  serving 
papers.  Also  a  fee  of  fifty  cents  for  each  warrant  served,  and 
twenty  five  cents  for  serving  each  Subpoena  or  Xotice 

The  Stake  Master  shall  be  allowed  fifty  cents  for  staking 
each  Claim 

After  the  addoption  of  the  Resolntions,  On  ^Nfotion  W  L 
Conant  was  elected  President  Ed  L  Moody  Secretary  J  Bab- 
cock  Constable  and  E  ^^'  Andree  Stake  Master 

On  Motion  meeting  adjourned  to  meet  Sep  8th  1800 
John  Lane  Pres  Ed  L  Moody  Sec 

Sep  8th  1860 
Met  according  to  previous  adjournment.     There  being  no 
business  to  transact  the  meeting  adjourned  until  September  15th 
1860 

W  L  Conant  Pres  Ed  L  Moody,  Sec 

September  ir)th  1860 

Met  in  accordance  to  previous  adjournment  The  meeting 
was  called  to  order  by  the  President  and  the  report  of  the  last 
meeting  was  read  and  accepted  ^^^lereu])on  the  following  reso- 
lutions were  offered  and  adopted 

Resolved  that  "The  Valley  City  Town  Conipany"  l)e  al- 
lowed to  claim  three  hundred  and  twenty  acres  as  a  Town  Site 
by  having  it  rccoi'ded  within  fourteen  days  after  claiming  the 
same;  and  erecting  a  comfortable  dwclliiii;'  house  on  the  said 
Town  Site 

Resolved  That  any  person  shall  be  enrirl('(i  to  preempt  160 
acres  of  land  by  having  the  same  recorded  within  fourteen  days 
after  claiming  the  same 

Resolved  that  Art  18th  of  the  District  Laws  be  .imeiuleil 
by  striking  out  the  word  eight  before  days  and  inserting 
fourteen 


174  GILPIN  COUNTY  RECORDS 

On  Motion  meeting  adjourned  for  three  Aveeks 

Ed  L  Moody  Sec 

Oct  23rd  1860 
At  a  special  meeting  of  the  Claim  Holders  of  Climax  Dis- 
trict Ed  L.  Moody  offered  his  resignation  as  recorder  of  said 
District  which  was  accepted 

On  Motion  Ed  B  Newnam  was  elected  recorder 
On  Motion  meeting  was  adjourned 

Ed.  B.  IsTewnam 
Recorder  Climax  Dist 


CENTRAL  DISTRICT 


MINUTES  OF  MAY  15,  1860^ 

This  meeting  has  met  according  to  previous  notice  &:  the 
La^vs  ware  addopted  with  the  amendment  of  the  time  for  open- 
ing claims,  instead  of  being  the  15th  of  May,  to  be  the  1st  day 
of  June — 

A.  McLeod.         Sect., 

A.  Jameson,  Judge  of  Election 

T.  Taylor.  do  do 

Mr.  Wm.  J.  Phelps,  was  appointed  Deputy  President  by 
an  unamous  vote — 

By  a  vote  of  the  within  meeting  a  committee  consisting  of 
L.  G.  Bowers,  Beta  Warner,  Oliver  Thomas,  T.  Taylor,  A. 
Jameson  &  W.  J.  Phelps  were  appointed  to  investigate  the  Rec- 
ords of  the  September  Organization  on  Lump  Gulch  &  establish 
the  claims  made  by  the  first  three  of  the  committee  as  accord- 
ing to  said  record 

Thos.  Dunston, 

A.  McLeod, 

John  H.  R.  Dunstan,  Recorder. 

FROM  LU^rP  GULCH2 

Central  District,  Dec.  14,  [I860]. 

Editors  Xews : — We  don't  enjoy  the  benefit  of  a  local  press 
here,  on  which  account  our  advantages  and  mineral  wealth, 
&c.,  as  well  as  our  talents  "are  bom  to  blush  unseen,"  unless  we 
avail  ourselves  of  the  'News  as  a  medium  of  publicity. 

Our  District  is  situated  some  six  miles  nearly  north  of 
Gregory,  and  although  it  is  somewhat  new  and  undeveloped,  pos- 
sesses,  I   believe,   advantages   and  resources  not  excelled,   ami 

'  This  is  on  the  last  page  of  Central  District,  Book  A. 
'Daily  Rocky  Mountain  News,  December  18,  1800,  p.  2. 

175 


176  GILPIN  COUNTY  RECORDS 

scarcely  equaled,  by  any  district  in  the  mountains.  It  appears, 
from  the  records,  that  a  little  more  than  one  hundred  quartz 
lodes  have  been  discovered,  and  not  one  of  them,  which  has  been 
opened  twenty  feet  in  depth,  but  prospects  well.  The  Gold  Dirt 
lode  has  gained  a  world-wide  reputation,  but  there  are  several 
other  lodes  here  and  that  the  only  advantage  which  Gold  Dirt 
possessed  over  some  others  was  that  the  quartz  was  so  decom- 
posed that  it  could  be  washed  to  advantage  without  the  aid  of 
mills. 

We  have  labored  under  some  disadvantages  here  for  want 
of  machinery,  but  our  section  is  beginning  to  attract  attention, 
and  many  are  coming  in  now.  There  are  from  four  hundred  to 
five  hundred  inhabitants  here  now,  which  is  as  many  or  more 
than  wintered  in  the  Gregory  diggings  last  winter,  and  one  year 
from  this  will  see  our  place  a  formidable  rival  to  the  Gregory 
region. 

We  have  passed  a  law  setting  apart  one  claim  on  each  lode 
for  a  school-fund,  and  also  laws  to  prohibit  the  sale  of  intoxi- 
cating liquors,  and  I  submit  to  you,  Mr.  Editor,  if  that  is  not  an 
indication  of  a  prevailing  sentiment  in  favor  of  morality  and 
intelligence.  We  invite,  and  welcome  to  our  midst,  every  one 
who  comes  here  to  get  a  living  honestly.  We  shall  be  glad  to 
have  men  with  capital  and  machinery  come  among  us,  and 
equally  glad  to  have  the  laborer  here ;  but  horsethieves,  gamblers, 
grog-sellers  and  black-legs,  will  not  find  it  a  desirable  locality 
to  settle  in.  We  are  so  ignorant  here  that  we  can  see  no  differ- 
ence in  favor  of  the  man  who  takes  advantage  of  his  fellow's 
mental  weakness  to  rob  him  of  his  money  and  make  a  beast  of 
him  besides — putting  "a  thief  in  his  mouth  to  steal  away  his 
brains" — and  the  man  who  takes  advantage  of  his  neighbor's 
physical  weakness  to  rob  him  of  his  purse,  and  lets  him  go  sound 
in  mind  and  body. 

I  shall,  by  your  permission,  take  pleasure  in  keeping  you, 
and  the  public,  through  you,  posted  in  relation  to  our  prospects 
and    successes    here ,  and    for    the    present    subscribe    myself, 

Yours,  (Src.     "Doc.'' 


INDEPENDENT  DISTRICT 


MINUTES. 


At  a  meetiug  of  Miners  held  on  Mammoth  Gulch  near  the 
foot  of  Longs  Peak  on  the  nineteenth  day  of  May  A.D.  1860.  on 
Motion  Van  Znmwalt  was  appointed  President  and  Hiram 
Hammit  Secretary. 

Upon  Motion  the  following  Resolutions  were  adopted : 

Resolved : 

That  inasmuch  as  Gold  has  been  found  in  various  Gulches 
and  Loads  in  this  Part  of  the  Rocky  Mountains  we  therefore 
deem  it  expedient  to  emmidiately  form  a  ^Mining  District,  elect 
Officers  and  adopt  such  Rules  and  make  such  laws  as  will  tend 
to  the  peac€  and  harmony  of  persons  that  may  be  engaged  in 
Mining  in  said  District. 

On  motion  the  following  Officers  were  elected : 

Van  Zumwalt  as  President  and  Hiram  Hammitt  as  Re- 
corder. 

On  motion  it  was  agreed,  that  said  District  shall  Ix?  Known 
by  the  name  of  Independant  District 

On  motion  the  following  Committee  was  appointed  to  draft 
Laws  and  report  the  same  on  our  next  meeting,  T.  L.  Ileffener, 
E.  B.  Fitts  and  B.F.  Dunn,  Comittee. 

On  motion  it  was  agreed,  that  the  Boundery  lines  of  said 
District  shall  commence  at  the  North-West  Comer  of  Wisconsin 
District  thence  North  with  the  Snowy  Range  three  miles  north 
of  the  Main-South  Boulder,  thence  East  to  the  mouth  of  East 
Gulch,  then  South  [to]  the  North  East  Corner  of  Wisconsin 
District,  thence  West  with  said  District  to  place  of  beginning. 

On  Motion  it  was  agTCod  to  meet  Fryday  the  25th  of  May 
1860  at  van  Zumwalt  at  2  oclock. 

IT.  Hammitt  Recording  Secretary 

'  Wisconsin  District,  IJool<  I,  contains  the  minutes  and  laws  of  Inde- 
pendent District. 

177 


178  GILPIN  COUNTY  RECORDS 

MINERS'  MEETING,  MAY  25,  1860 

Officers  all  present. 

On  Motion  the  Gregory-Laws  were  taken  up,  and  the  fol- 
lowing Sections  adopted: 

An  act  defining  claims  and  regulating  the  Title  thereto. 

Of  the  Gregory  law  of  February  18,  I860,  Independent 
District  adopted  sections  1-3,  8,  10-14,  16-18,  20,  and  22-25. 
Section  9  was  adopted  but  with  material  changes. 

Section  9.  Be  it  further  enacted  that  Gulch  Claims  need 
not  be  worked  till  the  fifteenth  of  July  and  Load-Claims  not  till 
the  fifteenth  of  July  A.D.  1800  and  Sixty  One. 

An   Act   in   Relation   to   the   Officers   of   Independent 
District,  their  Duties,  Term  of  Office  and  Fees 

Section  1  Be  it  enacted  by  the  citizens  of  Independent 
district  in  convention  assembled  that  there  shall  be  elected  in 
this  district  upon  the  fifteenth  day  of  July  in  each  year  the  fol- 
lowing officers  who  shal  each  hold  their  respective  offices  for  the 
term  of  one  year  unless  they  shall  sooner  die  resign  or  be  re- 
moved from  ther  offices  for  misconduct  by  the  citizens  of  this 
district  viz  a  President  a  Judge  of  the  Miners  Cort  and  a  Re- 
corder who  shal  be  ex  officio  Secretary  and  Treasurer  of  this 
Dist 

Sections  2-4  are  the  same  as  the  Gregory  act.  Section  5 
of  the  Gregory  act  was  not  adopted,  and  section  5  of  the  Inde- 
pendent act  introduced  material  which  is  not  found  in  section  6 
of  the  Gregory  act. 

Sec  5  Be  it  further  enacted  that  the  fees  of  the  Recorder 
shall  be  fifty  cents  for  each  claim  or  instrument  in  writing  re- 
corded and  such  other  fees  for  district  business  as  the  citizens 
shall  allow  and  the  Judge  of  the  miners  cort  five  dollars  for  pre- 
siding at  each  trial  and  doubel  the  fees  allowed  by  the  laws  of 
Kanzas  for  making  out  the  papers  proper  for  him  to  make. 

Sections  6-8  of  the  Independent  District  act  correspond 
to  sections  7-9  of  the  Gregory  act,  but  the  Independent  act  con- 


INDEPENDENT  DISTRICT  179 

tains  the  following  provisions  which  do  not  appear  in  the  Greg- 
ory act. 

Sec  9  Be  it  further  enacted  that  five  days  notice  shall  be 
given  in  case  of  trial  or  to  call  a  meeting  of  miners 

Sec  10  Be  it  further  enacted  all  claims  shall  be  taken  by 
number  at  the  recorders  office  and  numbering  from  discovery 
claims 

On  Motion  an  Sec  Judge  was  Elected  ILM.  Brisee  was 
elect 

No  further  buisness  apearing  the  Meeting  ajorned 
H.  Hammitt  Recording  Sect 

LAWS  REVISED  AKD  ADOPTED  FEBRUARY  15,  1861^ 

Officers  of  the  District. 

President Dr.  11.  Wame. 

Recorder W.  B.  Osbom. 

Sheriff B.  F.  Hunter. 

Laws 

At  a  meeting  of  Independent  District  held  at  the  office  of 
the  President  of  said  District,  on  the  15th  day  of  January,  A. 
D.  1861,  for  the  purpose  of  amending  and  revising  the  Laws  of 
said  District,  Dr.  H.  Wame  was  called  to  the  Chair  and  Wm. 
B.  Osbom  was  appointed  Secretary. 

On  motion,  a  committee  of  five  was  appointed  to  examine 
the  Laws  and  report  to  this  meeting  such  amendments  as  they 
deem  proper ;  whereupon,  Dr.  IT.  Warne,  W^m.  B.  Osbom,  Isaac 
Miller,  J.  W.  Hull  and  David  Ripley,  were  duly  appointed  said 
committee. 

Subsequently — on  the  15th  day  of  February,  A.  D.  1861 — 
at  a  Miners'  Meeting  called  by  the  President  of  said  District, 
at  the  house  of  G.  J.  Jones,  Esq.,  for  the  purpose  of  receiving 
and  taking  action  upon  the  Report  of  said  committee,  David 
Ripley  was  appointed  Chairman,  and  Wm.   P>.  Osbdrii  chosen 

'  Independent  District,  Lairs  .  .  .  remscd  and  adopted  February  the 
15th,  A.  D.  IHfU.  Denver,  18G1.  The  pamphlet  is  the  property  of  the  State 
Historical  and  Natural  History  Society. 


180  GILPIN  COUNTY  RECORDS 

Secretary, — and  the  committee  appointed  at  the  previous  meet- 
ing reported  the  following  Code  of  Laws,  which  were  adopted : 

Boundaries 

Section  1.  Commencing  at  the  foot  of  Bald  Mountain,  on 
the  East,  and  running  North  to  Gamble  Gulch,  thence  West  to 
Moon  Gulch,  thence  following  the  meanderings  of  said  Gulch  to 
its  head,  thence  South  to  the  divide  between  Boulder  and  Clear 
Creek,  thence  along  said  divide  in  an  easterly  direction  to  the 
East  line  of  Independent  District  running  Korth  and  South, 
thence  North  to  the  place  of  beginning. 

Officers 

Section  2.  There  shall  be  one  President,  one  Sheriff,  and 
one  Recorder,  who  shall  be  elected  annually,  on  the  second  Tues- 
day of  September,  by  the  legal  voters  of  the  District,  and  hold 
their  respective  offices  until  their  successors  are  elected  and  qual- 
ified; each  of  whom  shall  take  an  oath  faithfully  and  impar- 
tially to  perform  their  respective  duties  according  to  law  and 
the  best  of  their  ability ;  and  each  shall  have  power  to  appoint 
one  or  more  Deputies. 

Elections 

Section  3.  The  Eecorder  and  Sheriff,  together  with  three 
other  electors,  shall  compose  the  Election  Board,  each  of  whom 
shall  take  an  oath  that  they  will  studiously  endeavor  to  prevent 
all  fraud  and  deceit  in  conducting  the  same.  But  if  the  Re- 
corder or  Sheriff  should  be  a  candidate,  or  fail  to  attend,  the 
voters  present  shall  fill  their  vacancies  by  other  voters ;  two  of 
whom  shall  be  clerks,  and  the  other  three  judges  of  said  election. 
If  there  should  be  any  vote  challenged  by  any  elector,  either  of 
the  clerks  or  judges  may  administer  any  oath  necessary  to  de- 
termine the  right  of  said  voter.  Polls  are  to  be  opened  at  nine 
o'clock,  A.  M.,  and  closed  at  six  o'clock,  P.  M.  At  the  close  of 
the  polls,  the  clerks  and  judges  shall  canvas  the  votes,  and  the 
persons  receiving  the  highest  number  of  votes  for  the  respective 


INDEPENDENT  DISTRICT  181 

offices  shall  be  declared  duly  elected,  and  said  Board  shall  issue 
certificates  of  election  to  the  several  officers,  according  to  their 
respective  offices. 

Section  4.  Any  white  person,  who  has  attained  the  age 
of  sixteen  years  and  resided  ten  days  in  the  District,  shall  be 
entitled  to  a  vote  at  all  meetings  and  elections.  At  all  elections 
for  officers  the  vote  shall  be  by  ballot,  and  at  all  meetings  as  the 
President  may  direct. 

Sheriff 

Section  5.  There  shall  be  elected  by  the  qualified  voters 
of  this  District  a  Sheriff,  who  shall  hold  his  office  until  the  next 
annual  election,  and  until  his  successor  is  elected  and  qualified, 
whose  duty  it  shall  be  to  ser^'e  all  processes  issued  by  the  Court ; 
and  before  entering  upon  the  duties  of  said  office,  he  shall  give 
bond,  with  good  and  sufficient  security  to  the  acceptance  of  the 
Court,  for  the  faithful  discharge  of  said  duties.  He  shall  be 
conservator  of  the  peace ;  and  take  an  oath  that  he  will  faith- 
fully and  impartially  discharge  all  and  singular  the  duties  per- 
taining to  said  office. 

Vacancies 

Section  6.  Any  officer  resigning,  or  removing  from  the 
District,  shall  be  required  to  deposit  all  the  books,  papers, 
money,  &c.,  belonging  to  the  District,  or  pertaining  to  his  office, 
with  the  remaining  officer  or  officers  of  the  District,  which  officer 
or  officers  shall  immediately  call  an  election  to  fill  such  vacancy. 

Courts 

Section  7.  The  President  shall  be  the  Judge  of  the  Min- 
ers' Court  of  the  District,  and  any  person,  having  any  cause  of 
action,  shall  file  with  the  President  the  cause  of  complaint 
written  in  plain  English  language,  and  a  prayer  that  the  adverse 
party  may  be  summoned  to  appear  and  answer  to  said  com- 
plaint, and  if  the  defendant  appears,  he  shall  file  his  answer  in 
writing  as  above  stated;  whereupon  the  Judge  shall  sununon  the 


182  GILPIN  COUNTY  RECORDS 

defendant  to  appear  at  a  given  time  and  place  mentioned  in  said 
summons,  which  shall  not  exceed  ten  days  from  the  issue  of  said 
summons.  And  if  the  defendant  fails  to  appear,  the  Judge  may 
proceed  to  try  the  cause,  and  render  judgment  according  to  law 
and  evidence ;  and  if  the  parties  appear,  they  may  submit  their 
cause  to  the  Court  or  three  arbitrators,  one  of  whom  shall  be 
chosen  by  the  parties  respectively,  and,  if  the  parties  or  their 
referees  cannot  agree  upon  the  third  arbitrator,  the  Judge  shall 
appoint  the  third  referee,  and  when  the  parties  so  submit  their 
case  to  referees,  as  aforesaid,  the  decision  or  award  shall  be 
final,  and  the  Judge  shall  proceed  to  enforce  said  award  as  upon 
judgment  at  law.  If  either  party  shall  require  a  jury,  the  Judge 
shall  write  the  names  of  twelve  judicious,  disinterested  electors 
of  the  District,  and  each  party  may  strike  from  said  list,  alter- 
nately, beginning  with  the  plaintiff,  one  name,  until  only  six 
remain,  and  the  Judge  shall  issue  his  venire  for  a  jury  of  the 
aforesaid  six,  and  when  assembled,  each  party  shall  be  entitled 
to  one  peremptory  challenge  and  also  a  challenge  for  good  cause 
shown  by  the  testimony  of  the  jurors  or  other  disinterested  per- 
son, and  the  Sheriff  shall  fill  the  pannel  with  talesmen  for  all 
vacancies  that  may  happen  by  reason  of  non-attendance  or  chal- 
lenging of  said  jurors.  All  juries  shall  be  sworn  by  the  Judge 
to  try  all  causes  according  to  law  and  evidence.  Either  party 
may  have  an  adjournment,  not  exceeding  ten  days,  upon  proper 
cause  shown  under  oath.  Costs,  in  all  cases,  shall  be  taxed  as 
the  referees.  Court  or  jury  trying  the  same,  may  direct.  Either 
party  may  have  a  right  to  an  appeal  from  the  decision  of  the 
Court  or  jury  of  six,  if  he  give  notice  of  appeal  at  the  rendi- 
tion of  the  judgment  or  verdict,  and  pay  all  costs  within  five 
days  from  the  rendition  of  the  judgment  or  verdict.  And  when 
an  appeal  is  so  taken,  the  Judge  shall  write  the  names  of  twenty- 
four  good,  disinterested  voters  of  the  District,  as  in  the  afore- 
said jury  list,  from  which  each  party  shall  strike  therefrom,  as 
in  the  jury  of  six,  until  only  twelve  remain,  and  proceed  in  all 
respects  the  same  as  in  the  aforesaid  jury  of  six,  and  the  deci- 
sion of  the  said  jury  of  twelve  shall  be  final,  and  the  judge  shall 
proceed  to  final  judgment  and  award  execution  according  to  law. 


INDEPENDENT  DISTRICT  183 

Section  8.  All  legal  claims,  whether  in  law  or  equity, 
shall  be  fairly  tried  by  the  referees,  Court  or  jury,  as  the  parties 
may  elect,  and  judgment  shall  be  rendered  by  the  Court  accord- 
ingly, upon  which  said  judgment  the  party  recovering  shall  be 
entitled  to  interest  at  the  rate  of  ten  per  cent,  per  annum  from 
the  date  thereof  until  paid,  and  the  Court  shall  proceed  to  issue 
execution  thereon,  for  the  amount  found  due,  with  interests  and 
legal  costs ;  but  any  rate  of  interest  agreed  upon  in  writing  be- 
tween the  parties  shall  be  lawful. 

Section  9.  The  Judge  of  the  Miners'  Court  shall  keep  a 
docket  of  all  proceedings  had  before  him ;  shall  be  allowed  two 
dollars  and  fifty  cents  per  day  for  presiding  at  each  trial,  (and 
w^hen  the  Recorder  shall  preside  in  his  stead,  he  shall  be  allowed 
a  like  sum)  ;  shall  be  allowed  twenty  cents  per  hundred  words 
for  making  out  all  necessary  papers,  except  writs  of  original 
service  and  execution,  for  each  of  which  he  shall  be  allowed 
fifty  cents ;  for  rendering  judgment,  fifty  cents,  and  making  up 
docket  twenty  cents  per  hundred  words;  for  each  transcript, 
duly  certified,  twenty  cents  for  each  hundred  words.  The 
Judge,  Recorder  and  Sheriff  are  hereby  empowered  to  admin- 
ister all  oaths,  and  perform  all  other  duties  pertaining  to  their 
respective  offices,  and  which  are  required  by  law. 

iS'oTiCE  OF  Elections  and  ]VLeetings 

Section  10.  It  shall  be  the  duty  of  the  President  to  give 
at  least  ten  days'  notice  of  the  time  and  place  of  holding  any 
election  of  officers  of  the  District,  naming  the  officers  to  be 
elected,  and  shall  call  a  meeting  of  the  miners,  upon  the  applica- 
tion, in  writing,  of  twenty-five  legal  voters  of  said  District,  stat- 
ing the  object  for  which  such  meeting  is  called,  and  he  shall 
preside  at  all  public  meetings  and  perform  all  other  duties  per- 
taining to  his  said  office. 

Deputies 

Section  11.  The  President  shall  have  power  to  deputize 
any  one  or  more  of  the  miners  to  serve  papers,  &c.,  that  he  may 
deem  proper,  and  any  person  so  deputized  shall  proceed  to  dis- 


184  GILPIN  COUNTY  RECORDS 

charge  the  duties  required  of  him  by  law.  Upon  the  commence- 
ment  of  any  suit,  the  Judge  may,  at  his  discretion,  require  the 
plaintiff  to  deposite  money,  or  give  security,  for  all  costa  that 
may  accrue. 

Judgment  and  Execution 

Section  12.  A  judgment  shall  be  a  lien  upon  all  property 
of  the  defendant  from  the  time  of  its  being  rendered  and  the 
Judge  shall  issue  execution  forthwith  upon  judgments  including 
interest  and  costs,  which  shall  be  made  returnable  ten  days  after 
the  date  thereof,  and  the  Sheriff  shall  give  public  notice  of  the 
time  and  place  of  sale  of  all  property  levied  upon  by  him,  which 
shall  be  by  written  advertisements  posted  in  three  public  places 
in  the  District  at  least  six  days  before  the  sale  thereof,  and  all 
such  property  shall  be  sold  to  the  highest  bidder  at  public  out- 
cry to  satisfy  the  execution  and  accruing  costs.  But  if  the  said 
property  cannot  be  sold  for  want  of  bidders,  unless  at  great  sac- 
rifice, or  if  the  plaintiff  order  him  so  to  do,  the  officer  having 
charge  of  the  sale  may  adjourn  said  sale  any  length  of  time  not 
exceeding  ten  days.  In  all  cases  of  real  estate  sold  upon  exe- 
cution, the  defendant  shall  have  the  privilege  of  paying  the 
principal,  interest  and  costs,  with  ten  per  cent,  interest  per  an- 
num thereon,  and  said  property  shall  revert  to  said  defendant, 
or  his  legal  representatives,  the  same  as  if  such  sale  had  not  been 
made,  and  the  officer  selling  any  real  estate  as  aforesaid,  shall 
not  execute  a  deed  to  the  purchaser  thereof,  until  after  the  ex- 
piration of  thirty  days.  Common  wearing  apparel,  bedding  and 
twenty  dollars'  worth  of  tools,  shall  be  exempt  from  execution. 

Peobate 

Section  13.  The  Judge  and  Recorder  shall  have  power 
to  choose  a  third  person,  and  have  probate  jurisdiction  of  a  de- 
ceased person,  if  said  deceased  had  no  relatives  within  the 
knowledge  of  said  officers,  but  if  the  deceased  has  relatives  or 
creditors  in  the  District,  they  may  apply  and  take  out  letters 
of  administration,  by  complying  with  such  rules  as  the  Presi- 
dent may  adopt,  and  property  shall  be  disposed  of  by  the  Court 


INDEPENDENT  DISTRICT  185 

or  administrator  to  the  best  advantage  to  the  creditors  and  heirs 
of  the  deceased,  and  the  proceeds  paid  over  to  the  proper  persons 
entitled  thereto,  according  to  directions  of  the  President. 

Vigilance  Committee 

Section  14.  It  shall  be  the  duty  of  the  President  to  ap- 
point a  Vigilance  Committee,  consisting  of  four  persons,  to  ex- 
amine into  and  report  all  criminal  violations  of  the  laws  of  this 
District,  who  shall  serve  for  the  period  of  three  months,  or  until 
displaced  by  the  President;  and  said  committee  shall  receive 
one-half  of  fines  arising  from  their  investigations,  the  other  half 
to  be  paid  into  the  District  treasury.  But  the  informant  shall 
be  liable,  at  all  times,  to  all  costs  that  may  accrue,  provided 
there  is  no  cause  of  action. 

Lawyers 

Section  15,  No  practicing  lawyer,  or  any  other  person 
having  been  admitted  as  such  in  any  State  or  Territory,  shall 
be  permitted  to  appear  in  any  cause  pending  in  this  District, 
as  attorney  or  agent  of  any  person,  except  he  himself  is  a  legal 
party  to  said  suit ;  and  if  a  lawyer  should  be  a  legal  party  to  any 
suit,  the  opposite  party  may  also  employ  counsel  in  his  case,  if 
he  chooses  so  to  do,  but  in  all  other  cases  lawyers  shall  not  be 
admitted. 

Outside  Debts 

Section  16,  No  debt  or  demand  of  any  kind  shall  be  col- 
lected by  suit  in  this  District  which  has  not  originated  either  in 
coming  to  this  mining  region,  or  since  the  arrival  of  such  debtor 
therein. 

Duties  of  Recorder,  &c 

Section  IT,  It  shall  be  the  duty  of  the  Recorder  safely  to 
keep  the  books  and  records  of  the  District,  and  to  file  and  re- 
cord all  proper  papers,  upon  payment  of  his  foes,  and  to  act  as 
Secretary  at  all  public  meetings  of  the  District.  The  books  of 
records  shall  always  be  open  to  the  inspection  of  all  persons. 


186  GILPIN  COUNTY  RECORDS 

never  to  be  taken  from  the  possession  of  the  Recorder.  All  per- 
sons shall  be  entitled  to  copy  any  record,  at  any  time,  and  the 
Recorder  shall  deliver  over  all  books  and  records  to  his  successor 
in  ofl&ce.  In  case  of  absence,  interest  or  inability  of  the  Presi- 
dent, the  said  Recorder  may  act  in  all  dases  in  his  stead.  He 
shall  be  entitled  to  fifty  cents  for  each  deed,  mortgage,  bill  of 
sale  or  other  writing  necessary  to  be  recorded,  containing  one 
hundred  and  fifty  or  a  less  number  of  words,  and,  for  every 
hundred  words  or  fraction  thereafter  in  addition,  twenty-five 
cents.  In  all  cases  fees  must  be  paid  in  advance.  Each  deed, 
mortgage,  or  bill  of  sale,  shall  be  witnessed  by  two  witnesses. 
'No  transfer  of  any  claim  of  any  kind  shall  be  valid,  unless  the 
fees  are  paid  for  all  original  records  heretofore  made  in  regard 
to  said  claim. 

Section  18.  All  certificates  of  claims  of  any  description 
remaining  in  the  Recorder's  office,  upon  which  the  fees  gre  not 
paid  on  or  before  the  first  day  of  July  next,  shall  be  advertised 
to  be  sold,  stating  the  time  and  place  of  sale,  the  number  and 
kind  of  claim,  which  shall  be  sold  by  said  Recorder  at  public 
sale  to  the  highest  bidder,  after  giving  ten  days'  notice,  and  if 
said  claim  shall  sell  for  a  greater  amount  than  will  pay  the  Re- 
corder's fees,  all  overplus  shall  go  into  the  District  treasury  for 
the  use  of  the  District.  The  purchaser  at  said  sale  shall  acquire 
a  valid  title  therefor  by  the  Recorder  certifying  on  the  back  of 
said  certificate  a  transfer  by  said  sale,  for  which  the  Recorder 
may  receive  twenty-five  cents  from  the  purchaser,  in  addition 
to  the  amount  bid  for  said  claim. 

Wkits  of  Attachmeistt 

Section  19.  Upon  the  application  of  any  person  holding 
a  legal  claim  against  a  non-resident  debtor,  or  any  debtor  about 
to  abscond  or  move  out  of  the  jurisdiction  of  the  Courts,  or 
about  conveying  or  concealing  his  property  to  the  injury  of  his 
creditors,  or  secreting  himself  within  the  District  so  that  legal 
service  cannot  be  had,  or  fraudulently  conveying  or  concealing 
his  property  to  defraud  his  creditors,  upon  filing  an  affidavit 
setting  forth  any  of  the  aforesaid  facts,  and  the  amount  and  na- 


INDEPENDENT  DISTRICT  187 

ture  of  his  claim,  and  paying  or  securing  the  costs,  as  the  Court 
directs,  the  Judge  shall  issue  a  writ  of  attachment  to  attach  all 
the  goods  and  chattels,  lands  and  tenements,  monies,  credits  and 
effects,  of  the  debtor,  within  the  District.  I^otice  of  the  issue 
of  said  writ  shall  be  given  by  the  plaintiff,  by  posting  up  written 
advertisements  in  five  conspicuous  places  in  said  District,  within 
twenty-four  hours  after  the  issue  of  said  writ,  stating  the  time 
and  place  where  said  cause  will  be  tried,  which  shall  not  be  less 
than  six  nor  more  than  ten  days  from  the  issue  of  said  writ,  and 
if  the  defendant  or  his  legal  agent  appears,  he  shall  have  a  fair 
trial,  and  if  he  fails  to  appear  the  Court  shall  proceed  to  hear 
and  determine  the  cause  according  to  law  and  the  equity  of  the 
case,  and  render  judgment  and  award  execution  as  in  other 
cases,  and  the  property  attached  by  the  officer  shall  remain  in 
possession  of  said  officer  until  the  final  termination  of  said  suit, 
and  be  sold  as  other  property  of  the  same  nature,  upon  the  exe- 
cution issued  upon  such  judgment.  But  if  the  defendant  is  a 
resident  of  the  District,  he  shall  be  served  with  a  personal 
notice. 

Garnishee 

Section  20.  Garnishee  process  may  issue  as  part  of  the 
original  writ,  to  be  ser\'ed  on  both  defendant  and  garnishee 
where  the  defendant  is  a  resident,  or  separately,  as  the  nature 
of  the  case  may  require,  or  it  may  issue  after  execution  is  re- 
turned unsatisfied ;  and,  in  either  case,  if  the  garnishee  shall  pay 
the  demand  over  to  the  defendant,  after  legal  notice,  he  shall 
still  be  held  liable  to  the  amount  of  the  plaintiff's  judgment  and 
costs,  if  he  was  indebted  to  that  amount  when  service  was  made, 
and  if  in  a  smaller  sum,  the  amount  he  was  indebted  at  the  time 
notice  was  served. 

Weit  of  Replevin 

Section  21.  Any  person  being  in  possession  of  personal 
property  of  another,  the  opposite  party  may  file  with  the  Judge 
of  the  Court  an  affidavit  setting  forth  the  name  of  the  defend- 
ant, or  defendants,  with  a  description  of  the  property  claimed, 
and  that  he  is  justly  entitled  to  the  possession  thereof,  and  tliat 


188  GILPIN  COUNTY  RECORDS 

said  property  is  wrongfully  detained  by  said  defendant  or  de- 
fendants, and  that  said  defendant  or  defendants  refuse,  upon 
demand  thereof,  to  give  it  up,  and  upon  said  plaintiff  paying  or 
securing  costs  to  the  satisfaction  of  the  Court,  the  Court  shall 
issue  a  writ  of  replevin  for  said  property,  and  a  summons  for 
the  defendant  or  defendants  to  appear  before  him  at  a  time  and 
place  in  said  summons  mentioned,  to  answer  unto  said  plaintiff 
for  the  unlawful  detention  of  said  property;  and  the  officer  to 
whom  said  writ  is  delivered  shall  take  possession  of  the  same, 
and  notify  the  defendant  or  defendants  to  appear  before  the 
Court,  at  the  time  and  place  mentioned  in  said  writ,  to  answer 
unto  said  plaintiff  for  the  unlawful  detention  thereof;  and  if 
the  Plaintiff  file  a  bond,  with  security  to  the  satisfaction  of  the 
defendant  or  defendants  or  the  Court,  within  twenty-four  hours 
from  the  service  of  said  writ,  said  property  shall  be  delivered  to 
the  plaintiff,  and  if  he  fails  so  to  do,  the  property  shall  be  re- 
turned to  the  defendant  or  defendants,  and  the  plaintiff  and  his 
securities  shall  be  liable  on  their  bond  for  all  costs  and  damages, 
to  be  assessed  forthwith  by  the  Court  or  jury  as  the  parties  may 
elect;  and  if  it  appear,  upon  the  trial  of  the  cause,  which  may 
be  had  as  in  other  civil  cases,  that  the  right  of  possession  is  in 
the  plaintiff,  then  the  Court  shall  render  judgment  against  the 
defendant  or  defendants  for  damages  and  costs,  according  to  the 
award,  judgment  or  verdict,  as  the  case  may  require,  and  issue 
execution  as  in  other  civil  cases. 

Ejectment 

Section  22,  Any  person  being  in  possession  of  real  estate 
claimed  by  another,  the  claimant  may  institute  his  suit  of  eject- 
ment, which  shall  be  proceeded  in  as  in  other  civil  cases  and  de- 
cided according  to  law  and  the  equity  of  the  case,  and  if  the 
claimant  sustain  his  action  the  defendant  shall  be  removed,  by 
order  of  the  Court,  within  five  days  from  the  trial  of  the  cause, 
and  pay  all  costs ;  and,  in  default  thereof,  the  Judge  shall  issue 
a  writ  of  possession,  or  execution,  as  the  nature  of  the  case  may 
require.     If  the  plaintiff  fail  to  establish  his  claim,  he  shall  be 


INDEPENDENT  DISTRICT  189 

liable  to  the  defeiulaiit  for  all  costs  and  damages,  to  be  deter- 
mined as  in  other  civil  cases. 

Liens 

Section  23.  Anv  person  performing  labor  or  furnishing 
material  for  any  buildings,  claim,  or  other  kind  of  work,  at  the 
request  of  the  owner  or  agent  thereof,  shall  be  entitled  to  a  lien 
upon  the  same  for  the  amount  of  such  labor  performed,  or  ma- 
terial furnished,  provided  said  lien  is  filed  and  recorded  within 
thirty  days  from  the  time  said  labor  was  performed  or  material 
furnished,  and  all  conflicting  liens  shall  have  priority  according 
to  their  respective  origins  if  filed  and  recorded  as  aforesaid. 

Sunday 

Section  24.  The  officers  of  this  District  shall  not  be  com- 
pelled to  perform  any  civil  business  on  Sunday.  Sunday  shall 
not  be  counted  against  any  persons  staking  claims  on  Saturday. 

Public  Highways 

Section  25.  There  shall  be  appointed  by  the  President 
three  Road  Commisioners,  one  of  whom  shall  be  a  practical  sur- 
veyor, who  shall  take  to  their  assistance  such  other  assistance  as 
they  may  need,  and  proceed  to  lay  out  and  establish  all  neces- 
sary public  roads  and  passways  for  this  District,  which  shall  be 
surveyed,  marked,  measured  and  platted,  and  make  returns 
thereof  to  the  Recorder  of  the  District  forthwith,  and  said  Re- 
corder shall  record  the  same.  All  streets  running  up  and  down 
the  Gulch  shall  be  forty  feet  wide,  and  cross  streets  twenty  feet 
wide ;  cross  streets  to  be  located  on  the  lines  of  building  lots, 
taking  ten  feet  from  lots  on  each  side  of  said  cross  streets.  Per- 
sons performing  service  under  this  Section  shall  be  entitled  to 
two  dollars  and  fifty  cents  per  day,  for  all  time  necessarily  em- 
ployed in  the  discharge  of  their  respective  duties,  said  amount 
to  be  paid  out  of  the  District  treasury,  upon  the  order  of  the 
President,  out  of  any  money  not  otherwise  appropriated.  Said 
roads  or  passways  are  not  to  interfere  with  previous  improve- 


190  GILPIN  COUNTY  RECORDS 

ments,  or  if  they  do,  to  pay  the  damages  assessed  by  three  dis- 
interested men  to  be  chosen  by  the  President. 

Section  26.  Any  person  obstructing  any  public  road  or 
passway,  to  the  hindrance  or  inconvenience  of  the  public,  shall 
be  liable  to  any  fine  that  may  be  assessed  against  him  or  them 
by  the  Court  or  jury,  together  with  costs  of  suit,  and,  moreover, 
be  liable  to  a  like  fine  for  every  twenty-four  hours  that  said  ob- 
struction shall  remain. 

Tunnel  Claims 

Section  27.  If  any  person  shall  locate  a  tunnel  claim  in 
this  District,  for  the  purpose  of  working  the  same,  he  shall  first 
file  a  specification  of  the  same  with  the  Recorder,  whose  duty 
it  shall  be  to  record  the  same  upon  the  payment  of  his  fees. 
Said  specifications  shall  state  the  place  of  commencement  and 
the  termination  of  said  tunnel,  together  with  the  names  of 
the  parties  interested  therein.  A  square  stake  shall  be 
placed  at  its  mouth,  having  written  thereon  the  same  things 
hereby  made  necessary  to  record.  Any  person,  or  persons, 
engaged  in  working  a  tunnel — provided  he  or  they  shall 
comply  with  the  requirements  of  this  law — shall  be  entitled 
to  two  hundred  and  fifty  feet  on  each  side  of  the  center 
of  said  tunnel  of  all  lodes  that  they  are  the  original  discoverers 
of,  and  also  fifty  feet  on  each  side  of  the  centre  line  of  said  tun- 
nel of  all  lodes  discovered  by  other  persons  after  the  commence- 
ment of  said  tunnel ;  and  said  hundred  feet  last  mentioned  shall 
belong  to  the  owners  of  said  tunnel  claim,  so  soon  as  said  tunnel 
shall  be  worked  to  intersect  said  lode ;  and  sucb  parts  of  lodes 
as  said  tunnel  owners  are  entitled  to  by  this  law,  shall  be  held 
as  discovery  claims.  The  line  of  all  tunnel  claims  shall  be  sur- 
veyed and  plainly  staked,  or  marked,  from  the  commencement 
to  the  termination  thereof,  prior  to  the  commencement  of  the 
work.  If  any  person,  or  persons,  locating  a  tunnel  claim,  shall 
fail  to  work  the  same  for  the  period  of  fifty  consecutive  days, 
after  the  first  day  of  July  next,  they  shall  forfeit  their  claim  to 
said  tunnel,  but  not  to  the  claims  they  have  discovered,  and  held 
by  virtue  of  discovery,  before  the  time  of  said  forfeiture.    Tun- 


IXDEPEXDEXT  DISTRICT  191 

nel  claims  shall  have  only  the  right  of  way  across  all  lodes  that 
may  lie  in  the  course  of  said  timnel  that  is  staked,  marked  and 
recorded  according  to  law. 

Towns  and  Villages 

Section  28.  Any  person,  or  persons,  laying  ont  a  village, 
toMTi  or  city,  in  this  District,  shall  erect  some  prominent  monu- 
ment as  a  starting  point,  and  file  with  the  Recorder  a  plat  of 
said  village,  town  or  city,  within  fifteen  days,  giving  a  full  de- 
scription of  the  starting  point,  the  courses  and  width  of  streets, 
size  of  blocks  and  lots  and  numbers  of  each,  and  all  other  things 
necessary  for  the  location  of  said  village  to^vn  or  city,  and  the 
Recorder  shall  record  the  same  upon  payment  of  his  fees. 

Claims 

Section  29.  All  claims  made  on  lodes  by  discovery  shall  be 
two  hundred  feet  by  fifty  wide,  a  pre-emption  claim  one  hundred 
feet  by  fifty  wide.  All  cross  lodes  within  said  District  shall  be 
the  property  of  the  claim  owners.  Measurement  in  all  cases 
shall  be  horizontal.  Gulch  claims  shall  be  one  hundred  feet  up 
or  down  the  gulch,  extending  from  bank  to  bank.  Patch  claims 
shall  be  one  hundred  feet  square.  Discovery  claims  shall  be 
staked  and  marked  as  such.  All  legal  claims  shall  be  lield  as 
vested  rights.  Any  person  shall  be  entitled  to  hold  one  mill  site, 
one  water  power  claim,  one  gulch  claim,  one  patch  claim,  one 
building  lot  and  one  village,  town,  or  city  lot,  one  lode  claim  on 
each  lode,  and  one  tunnel  claim,  by  pre-emption.  All  claims 
shall  be  staked  in  presence  of  a  witness,  (except  village,  town 
or  city  lots,  which  may  be  taken  by  numl)ers,)  and  the  name  of 
the  claimant,  and  kind  of  claim,  with  the  date  of  staking,  &c., 
plainly  marked  on  the  stake,  and  filed  with  the  Recorder  within 
twenty-four  hours  from  the  time  of  staking,  and  recorded  within 
fifteen  days.  Filing  of  all  claims  shall  be  free.  There  shall  \m\ 
no  timber  claims  allowed.  No  claims  shall  be  valid,  if  taken 
by  a  person  not  residing  in  the  vicinity  of  the  Rocky  Mountains. 

Section  30.      No  lode  shall  be  recorded,  unless  the  lode  or 


192  GILPIN  COUNTY  RECORDS 

crevice  is  exposed  by  actual  work,  and  gold  discovered  by  wash- 
ing or  otherwise.  The  discoverer  may  have  sixty  days  to  open 
and  prove  the  lode  and  file  for  record,  and  no  lode  claim,  as  a 
pre-emption,  shall  be  valid,  until  the  discovery  claim  is  filed 
and  a  name  given  to  said  lode. 

Water  Poweb^  &c. 

Section  31.  All  water  powers  shall  have  twenty  feet  head 
on  all  streams  large  enough  to  run  mills,  and  shall  hold  the  same 
as  vested  rights.  All  mill  sites  shall  be  one  hundred  feet  square 
to  build  upon.  Building  lots  shall  be  fifty  feet  front  and  one 
hundred  feet  back. 

Timber 

Section  32.  All  timber  on  quartz  claims  shall  belong  to 
the  owners  of  the  claims,  and  where  lodes  run  near  each  other, 
the  timber  shall  be  equally  divided  between  the  respective  own- 
ers ;  and  timber  on  all  other  claims  shall  belong  to  the  owners 
thereof. 

Water  Companies 

Section  33.  When  water  companies  are  engaged  in  bring- 
ing water  into  any  portion  of  the  mines,  they  shall  have  the 
right  of  way  secured  to  them,  and  may  pass  over  any  claim, 
road  or  ditch,  but  shall  so  guard  themselves  in  passing  as  not 
to  injure  the  party  over  whose  ground  they  pass. 

Sheriff's  Fees 

Section  34.  The  Sheriif  shall  receive  for  his  services  the 
following  fees,  to-wit :  $  cts. 

Serving  Summons,  for  each  person  therein  named 25 

Writ  of  Mandamas 50 

Subpoena,  for  each  person  therein  named 121^ 

Serving  Writ  of  Attachment 75 

"      "    Replevin   75 

"  "      "    Order  or  notice  of  Court 25 

Executing  order  of  Arrest 25 


INDEPENDENT  DISTRICT  193 

$  cts. 

Taking  each  Bond 25 

All  copies  necessary  to  complete  the  service,  for  each 

hundred  words,  or  fraction  over,  or  less  number  of 

words 10 

Summoning  each  Juror 25 

"     Talesman    71/2 

Sending  in  criminal  cases 50 

Attending  Prisoner  before  court  or  jury 50 

For  each  mile  travel,  computed  each  way 5 

Appraisement  of  Property 75 

Advertising  Property  for  Sale,  besides  actual  expenses.      75 

Levying  Execution 50 

Selling  Property  on  Execution  or  order  of  Sale 50 

Making  Deed  for  Property  sold  upon  Execution 1  50 

Attending  court,  per  day 1  00 

Bringing  up  Prisoner  on  writ  of  habeas  corpus,  besides 

actual  expenses 75 

For  all  sums  made  by  sale  on  execution  or  order  of  sale, 

not  exceeding  five  hundred  dollars,  2V2  per  cent.  .  . 
On  all  sums  over  five  hundred  dollars,  one  per  cent .... 
If  made  without  sale,  on  all  sums  under  five  hundred 

dollars,  1^  per  cent.,  and  over  five  hundred  dollars 

I/2  per  cent 

All  fees  not  enumerated  to  be  in  proportion  to  those 

enumerated    

Witness'  and  Juror's  Fees,  per  day 2  50 

New  Lodes 

Section  35.  Owners  of  newly  discovered  lodes,  running 
parallel  and  within  twenty-five  feet  of  a  previously  discovered 
lode,  shall  be  entitled  to  work  the  same  and  occupy  one-half  of 
the  surface  between  the  two  crevices  for  waste  dirt,  quartz,  &c. 
Hereafter,  no  lode  shall  be  recognized  as  crossing  a  gulch,  and 
whosoever  shall  discover  the  course  and  prove  up  the  lode  on 
the  opposite  side  of  the  gulch,  shall  have  the  right  of  discovery, 
as  the  law  provides,  and  shall  also  liave  the  right  to  name  the 


194  GILPIN  COUNTY  RECORDS 

lode ;  but  lodes  staked  and  claimed  across  a  gulch,  or  an  exten- 
sion of  one  already  discovered  on  the  opposite  side,  shall  be 
legal,  provided  they  do  not  interfere  with  lodes  or  claims  already 
recorded  or  being  discovered. 

Ckoss  Lodes 

Section  36.  Owners  of  cross  lodes  shall  have  the  right  to 
work  their  crevice  up  to  the  crevice  of  the  previously  discovered 
lode,  and  one-half  of  the  surface,  for  waste  dirt,  quartz,  &c. 

Murder 

Section  37.  Any  person  found  guilty  of  wilful  murder 
shall  be  hanged  by  the  neck  till  dead,  and  then  given  to  his 
friends  if  called  for,  and  if  not,  to  be  decently  buried ;  and  all 
other  crimes  not  enumerated  in  these  laws  shall  be  punished  as 
the  Court  or  jury  of  men  may  direct. 

Perjury  or  Theft 

Section  38.  Any  person  found  guilty  of  perjury  or  theft, 
shall  receive  not  more  than  twenty-five,  nor  less  than  ten,  lashes 
on  the  bare  back,  and  banished  from  the  District,  and  their 
property  confiscated  to  pay  costs  of  prosecution  and  damages. 

Salting  Claims,  &c. 

Section  39.  Any  person  found  guilty  of  "salting,"  as  it 
is  termed,  or  putting  gold  into  either  quartz  or  gulch  claims,  for 
the  purpose  of  deceiving,  or  found  guilty  of  pulling  up  stakes, 
or  defacing  them  or  in  any  manner  destroying  notices  or  land- 
marks, shall  pay  a  fine  of  not  less  than  ten  nor  more  than  fifty 
dollars,  and,  in  default  of  the  payment  of  said  fine,  they  shall 
receive  not  less  than  ten  nor  more  than  twenty-five  lashes  upon 
the  bare  back,  and  be  banished  from  the  District. 

Setting  Out  Fires 

Section  40.  Any  person  who  shall  wilfully,  maliciously, 
or  through  negligence,  set  out  any  fire  in  this  District,  or  so  that 


INDEPENDENT  DISTRICT  195 

it  come  into  this  District  and  destroy  any  timber  or  other  prop- 
erty, shall  be  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  shall  be  punished  as  the  Court  or  jury  may  direct,  and 
be  liable  to  all  parties  injured  thereby. 

Nuisances 

Section  41.  Every  act  of  commission  or  omission  which 
may  affect  the  public  health  or  convenience,  shall  be  regarded  as 
a  nuisance — and  the  person  or  persons  causing  the  same,  shall 
be  liable  to  a  fine  of  not  more  than  one  hundred  nor  less  than 
five  dollars,  and  remain  so  liable  for  every  twenty  four  hours 
that  the  same  may  continue,  to  be  determined  by  the  Court  or 
jury  according  to  the  aggravated  nature  of  the  offence,  and  it 
shall  be  the  duty  of  the  officers  of  the  District  to  see  that  this 
Section  of  the  law  is  put  in  force. 

Section  42.  All  gambling  houses  and  houses  of  ill  fame 
or  prostitution,  shall  be  considered  a  public  nuisance  and  treated 
as  such. 

Boundaries 

Section  43.  The  boundaries  of  this  District  shall  remain 
as  fixed  by  the  committee  elected  for  that  purpose  on  the  15th 
of  January  last,  and  as  set  forth  in  the  first  Section  of  these 
Laws,  and  as  surveyed  and  platted  by  said  committee,  until 
changed  by  a  vote  of  the  majority  of  the  legal  voters  of  the  Dis- 
trict, at  a  meeting  legally  called  by  the  President  of  this  District 
for  that  purpose,  or  until  changed  by  a  committee  of  Delegates 
from  this  and  adjoining  Districts. 

Section  44.  These  Laws  shall  take  effect  from  and  after 
their  adoption  and  shall  not  be  altered,  changed  or  amended 
without  the  authority  and  sanction  of  a  majority  of  the  legal 
voters  of  the  District,  at  some  public  meeting  legally  called  for 
that  purpose. 

Toll  Road 

Section  45.  John  Q.  A.  Rollins  &  Co.  are  hereby  author- 
ized to  build  a  toll  road  from  Gold  Dirt,  up  Gamble  Gulch  or 


196  GILPIN  COUNTY  RECORDS 

its  vicinity,  to  connect  with  a  road  at  the  head  of  Missouri 
Gulch,  that  will  lead  to  Central  City  or  Gregory  Point,  and  col- 
lect toll  on  the  same,  not  exceeding  one  dollar  for  a  double  team 
and  seventy-five  cents  for  a  single  team. 

We  hereby  certify  that  the  foregoing  is  a  true  copy  of  the 
Revised  Laws  of  Independent  District,  as  passed  at  a  meeting 
legally  called  for  the  adoption  of  said  Revised  Laws,  Vv'hich  said 
meeting  finished  said  labors  on  the  19th  day  of  February,  A.  D. 
1861. 

Given  under  our  hands,  at  said  Independent  District,  the 
day  and  year  aforesaid. 
W.  B.  Osbom,  Secretary.  David  Ripley,  Chairman. 


FAIRFIELD  DISTRICT 


MINUTES  AND  LAWS.^ 

Boundaries  of  Fairfield  District,  as  formed  May  2Sth  1860.^ 
Commencing  at  the  Discovery  claim  and  from  thence  run- 
ning West,  or  up  the  creek  one  mile,  and  from  the  Discovery 
claim  do\\Ti  the  Creek  to  the  \Yest  line  of  Enterprise  District 
or  to  the  mouth  of  the  Missouri  Gulch,  and  to  the  Summit  of 
the  mountains  North  and  South. 

Geo.  E.  Wilson  Recorder  and  Secy. 

Fairfield  District  Mercer's  Gulch,  June  25th  1860 

Meeting  convened  pursuant  to  adjournment. 

The  committee  appointed  at  the  last  meeting  to  revise  the 
Laws  adopted  at  a  previous  meeting,  reported  by  their  chairman 
that  owing  to  the  want  of  necessary  information  they  were  un- 
able to  make  a  definite  report,  and  asked  for  further  time  to  re- 
port in,  which    On  motion  of  John  Cummings  was  granted. 

A  motion  was  made  by  Mr.  Emmerson  to  the  effect  that  a 
vote  be  taken  by  those  present  in  regard  to  the  ownership  of 
what  timber  may  be  in  the  district,  whether  to  the  citizens 
thereof  or  to  those  having  Ranches  in  the  District,  remarks 
were  made  upon  the  Subject  by  Messrs  Furguson,  and  Eggers, 
when  Mr.  Fergiison  moved  that  the  Subject  be  laid  upon  the 
table  and  a  committee  appointed  to  investigate  the  matter  and 
report  at  a  Subsequent  meeting,  which  motion  did  not  pervail. 

Mr  — moved  an  amendment  to  the  original,  which 

was  accepted  by  W.  Emmerson  that  the  timber  in  Fairfield  Dis- 
trict be  considered  as  public  property.  Carried. 

Meeting  adjourned  until  Monday  Evening  next. 

'  Fairfield  District,  Journal  of  Meetings  of  the  Citizens.  Tliis  is  a 
bundle  of  unbound  sheets. 

'The  provision  regarding  boundaries  was  placed  in  the  manuscript 
after  the  minutes  of  the  meeting  of  July  9,  1860. 

197 


198  GILPIN  COUNTY  RECORDS 

Fairfield  District  July  2nd  1860. 

Meeting  convened  pursuant  to  adjournment. 

The  committee  appointed  at  a  Subsequent  meeting  to  revise 

tlie  laws  formerly  adopted  by  the  citizens  of  this  District  made 

the  following  report  which  was  received,  taken  up  and  voted  on 

in  Sections  and  adopted  without  any  further  amendments. 

Mr.  President  and  citizens  of  Fairfield  District. 

Your  committee  which  have  had  under  consideration  the 
Code  of  Laws  as  passed  at  a  previous  meeting  have  had  the 
Same  under  consideration,  made  Some  amendments,  such  as  we 
deemed  right  and  necessary  and  therefore  Submit  the  following 
revision  of  An  Act  Defining  Claims  and  regulating  the  title 
thereto. 

Sec  1. — Be  it  enacted  by  the  citizens  of  Fairfield  District, 
That  all  mining  leads  of  gold,  or  any  other  precious  or  useful 
metals,  and  all  mining  and  other  claims  shall  be  held  under  and 
defined  by  the  provision  of  this  act. 

Sec  2. — That  the  term  "claim"  as  used  in  this  District, 
shall  be  construed  to  mean,  when  applied  to  a  lead  one  hundred 
feet,  running  the  length  of  the  Same,  and  fifty  feet  in  width; 
when  applied  to  a  gulch  one  hundred  feet,  following  its  mean- 
derings  and  extending  from  bank  to  bank;  when  applied  to 
patch  or  placer  diggings,  one  hundred  feet  Square;  when  ap- 
plied to  tunnelling  claims,  the  entire  distance  intended  to  run 
the  Same  for  discovery  purposes,  as  shown  by  record  and  the 
stake  at  the  mouth  of  the  tunnell ;  when  applied  to  a  Mill  claim, 
the  distance  of  two  hundred  and  fifty  feet  Square ;  when  applied 
to  race  claims,  the  distance  Staked  out  to  bring  water  to  Mill 
claim  not  to  exceed  in  length  750  feet  or  to  interfere  with  any 
vested  rights ;  when  applied  to  a  ditch  claim  the  entire  distance 
staked  out  which  they  intend  to  run  the  Same,  as  shown  by  the 
Survey  and  Stakes ;  when  applied  to  a  water  claim,  the  exclusive 
right  to  use  water  for  mining  purposes,  upon  any  ditch  or 
stream  not  exceeding  in  distance  250  feet  when  applied  to  a 
farming  or  ranch  claim,  one  hundred  and  Sixty  acres,  when  ap- 


FAIRFIELD  DISTRICT  199 

plied  to  a  building  claim  50  feet  front,  and  one  hundred  feet 
deep. 

Sec  3. — That  no  person  shall  hold  more  than  [one]  Gulch, 
lead  or  patch  claim  in  this  District  except  by  purchase  or  dis- 
covery. 

Sec  4. — That  no  person  shall  hold  more  than  one  Mill, 
Race,  Ditch,  Water,  building,  Farming  or  Ranch  claim  in  this 
District  except  by  purchase. 

Sec  5. — That  no  claim  or  claims  shall  be  good  and  valid, 
unless  staked  off  with  the  owners  name,  giving  the  direction, 
length,  width,  and  date  when  the  Same  was  made  and  when  held 
by  a  company  the  name  of  each  member  thereof  shall  conspicu- 
ously appear. 

Sec  6. — That  Each  Discovery  claim  (mining)  shall  be 
marked  as  such,  with  the  name  of  a  lead  also  (if  a  lead)  and 
they  shall  be  Safely  held  whether  worked  or  not.  But  no  per- 
son shall  be  entitled  to  a  discovery  claim  or  any  Supposed  Lode 
until  he  shall  open  it  sufficiently  to  test  its  existence. 

Sec  7. — That  any  claim  or  claims  now  held  by  preemption 
if  abandoned  for  ten  consecutive  days  after  being  Staked  off, 
shall  be  forfeited  to  any  person  or  Persons  who  may  take  up  the 
Same  and  work  them  and  not  abandon  them  as  aforesaid.  Pro- 
viding, unless  the  person  or  persons  whoso  has  or  shall  preempt 
a  claim  file  with  the  Recorder  a  statement  thereof  wherein  he 
shall  describe  the  claim  and  aver  that  it  cannot  be  worked  or 
used  profitably  for  the  want  of  water  or  proper  machinery  in 
which  case  it  shall  be  safely  held  until  the  first  day  of  June  A. 
D.  1861. 

Sec  8.  That  all  purchased  claims  shall  be  safely  held 
whether  worked  or  not  provided  they  be  recorded. 

Sed  9.  That  when  members  of  a  company  consisting  of 
two  or  more  shall  work  one  claim  of  the  company,  the  rest  shall 
be  considered  as  worked  by  putting  a  notice  of  the  Same 
thereon. 

Sec  10.  That  in  all  cases  when  parties  shall  have  com- 
plied with  the  law  as  far  as  possible,  priority  of  claim  when  hon- 
estly carried  out  shall  be  respected. 


200  GILPIN  COUNTY  RECORDS 

Sec.  11.  That  all  Deeds,  Bonds,  Contracts,  Bills  of  Sale, 
or  instruments  of  any  kind  relating  to  the  conveyance  of  claims, 
and  bonds,  shall  be  witnessed  by  at  least  two  disinterested  wit- 
nesses and  recorded. 

Sec  12.  That  when  any  miner  shall  hold  both  a  gulch 
and  Lead  claim  by  preemption,  if  one  be  worked  the  other  may 
be  held  without  working  by  recording  the  Same. 

No  amendments  were  made  to  the  following  Sections  as 

13  14  15  16  17  18  19 

adopted    before,    to    wit: — Sections: 

15  16  17  18  19  20  21 

20  21  22  23  22 

of  the  old  laws :     Sec.  —  was  so  amended,  as  to 

22  23  24  25  24 

strike  out  "1st  day  of  July  next",  and  insert  "location  thereof" 
Sec  24.     That  all  acts  or  parts  of  acts  conflicting  with  the 
provisions  of  this  act  are  hereby  repealed. 

Geo.  E.  Wilson.    Chr. 

On  motion  of  Mr.  Ferguson  the  committee  was  granted 
further  time  in  which  to  revise  the  code, 

Mr.  Emmerson  offered  the  following:  which  was  adopted, 

Resolved: 

That  every  person  or  persons  owning  Mill  or  Race  claims 
in  this  district  be  required  to  make  a  good  and  Sufiicient  wagon 
road  over  the  Entire  length  thereof,  to  be  finished  by  the  1st  day 
of  August  next,  or  forfeit  his  or  their  ownership  to  said  claim 
or  claims  to  any  person  or  persons  who  may  comply  with  the 
above  provisions  within  ten  days  thereafter,  and  it  is  also. 

Resolved — that  owners  of  Mill  or  Race  claims,  complying 
with  the  above  resolution  will  be  entitled  to  hold  their  claims 
until  June  1st  1861  without  farther  being  worked  upon. 

On  motion  the  meeting  adjourned  to  meet  on  Monday 
Evening  next  July  9th  1860. 

Geo.  E.  Wilson,  Secy. 


FAIRFIELD  DISTRICT  201 

Fairfield  District.     July  9th   1860. 

Meeting  called  to  order,  Judge  Pollock  in  the  chair.  . 

Mr.  Nagle  moved  that  the  boundaries  of  Fairfield  District 
as  heretofore  defined  be  recorded.  Carried. 

The  question  arising  in  regard  to  the  disputed  Mill  claims, 
of  Moore,  Morris  &  Hunters'  some  discussion  was  had  when, 

Mr.  Shadford  moved  that  a  committee  of  three  be  ap- 
pointed to  investigate  the  matter  and  report  at  the  next  meeting. 
Carried. 

The  Chair  appointed  Messrs  Shadford  Mercer  &  Samuel 
Oummings  on  said  committee. 

On  motion  the  meeting  adjourned  to  meet  at  the  Record- 
er's office,  next  Monday  Evening. 

Monday  Evening  July  16th  1860. 
Recorder's  Offi.ce  of  Fairfield  District. 

The  meeting  was  called  to  order  by  Judge  Pollock. 

This  being  the  evening  that  the  committee  (which  was  ap- 
pointed at  last  meeting  to  investigate  the  disputed  Mill  claim 
case)  was  to  make  their  report,  and  none  of  said  committee  be- 
ing present,  Mr.  Moore  gave  the  verbal  report  of  said  committee 
that  they  had  not  investigated  the  matter,  and  had  left  it  in  its 
original  shape. 

Mr.  Hunter  moved  that  the  mill  case  be  taken  up  and  set- 
tled.    Carried. 

Some  discussion  was  had  on  both  sides  when  Mr.  Nagle 
moved  that  the  whole  Subject  be  laid  upon  the  table  and  a  com- 
mittee appointed  to  investigate  the  matter  and  report  at  next 
meeting.     Carried. 

The  chair  appointed  E.  Nagle,  John  M.  Roberts  and  Wm. 
T.  Newell  as  said  committee. 

Mr.  Shadford  tendered  his  resignation  of  the  office  of  Pres- 
ident of  this  District,  which  on  motion  of  Mr.  Wilson  was  ac- 
cepted. 

On  motion  of  Mr.  Nagle  the  Recorder  was  instructed  to 
post  3  notices  in  the  district,  notifying  the  citizens  of  an  election 
of  President  at  the  next  meeting,  &c 


202  GILPIN  COUNTY  RECORDS 

On  motion  of  R.  Hunter  the  meeting  was  appointed  to  be 
held  at  the  Recorder's  office  next  Monday  Evening  July  23d — 
Meeting  adjourned. 

Geo.  E.  Wilson.  Recorder. 

Satturday  Evening  Sept  8th,  1860 
Recorders  office  Fairfield  Dist 

The  meeting  called  to  order  by  judg  Pollock.. 

J.  W.  Bissell  offored  the  following  Resolution 

Resolved :  that  any  person  residing  in  this  District  or  any 
person  residing  in  any  outher  district  and  owns  A  claim  in  this 
District  and  having  the  Same  Recorded  shal  be  A  legal  voter  in 
this  district.  And  that  Set.  (7)  of  an  act  in  relation  to  duties 
of  officers  fees  &.c  be  hereafter  repealed 

Vance  mooved  that  Mr.  Emerson  &  Smith  be  judges  of  the 
election.  Mosion  caried.  Mr  Roberts  appointed  clerk.  Mr 
Nagle  offered  notice  to  adjourn  until  tuesday  night  Sep  11th  at 
the  Recorders  office  the  poles  being  declared  open,  the  following 
candidates  was  baleted  for.  for  recorder  A.  P.  Vance  Tho.  Kin- 
sey  Wm.  Lawrence  J  W  Dewey,  for  Sherriff  E  ISTagle,  J  P  Han-  • 
nans  Wm  M  Todd.  Vance  was  elected  Recordr  J  P  Hannans 
Sherriff 

A.  P.  Vance  Recorder 

Eairfield  Dist  Recorders  Office  July  23/1860 
Metting  called  to  order  Judge  Pollock  in  the  Chair 
Minutes  of  last  read  and  approved  the  commitee  appointed 
at  the  last  meting  to  investigate  the  Mill  Claim  made  their  re- 
port which  was  received  and  committee  discharged 

The  Mill  Case  being  before  the  Meeting  Statements  were 
made  by  Messrs  Hunter,  Nagle  Moore  &  Keables  when  Mr 
Nagle  made  a  motion  to  vote  by  Ballot     Carried 

Mr  Harsh  moved  that  the  Parties  who  first  took  the  Claims 

&  staked  them  off,  &  had  them  Recorded  according  to  Law  be 

declared  the  lawfuU  owners  thereof,  on  vote  the  motion  carried 

Mr  Nagle  offered  the  following  which  was  adopted 

Resolved : — That  the  Office  of  President  of  the  District  be 


FAIRFIELD  DISTRICT  203 

hereafter  abolished  and  that  the  Judge  thereof  be  required  to 
preform  the  duties  heretofore  required  of  the  Presidnt  of  this 
District 

On  Motion  the  meeting  adjourned  to  meet  Saturday  even- 
ing July  28th  1860 

Geo  E.  Wilson  Sect 

Fairfield  District  Recorders  Office.     Aug  11th  1860 

Meeting  called  to  order  by  Judge  Pollock 

Mr  Harsh  moved  that  the  Boundaries  of  Fairfield  District 
be  extended  West  to  the  East  line  of  Eagle  District.  Motion 
Carried,  after  which  Mr  Harsh  offered  the  following  Resolu- 
tion which  was  carried 

Resolved :  that  Claims  now  on  record  or  that  may  here- 
after be  recorded  previous  to  the  1st  day  of  July  1861  Shall 
be  held  good  until  that  time 

Mr  Emmerson  offered  the  following  Resolution  which  was 
adopted 

Resolved  :  that  all  Discoverers  of  Quartz  Lodes  be  entitled 
to  hold  200  feet  for  a  discovery  claim  on  that  lead  for  the  dis- 
covery of  the  same  instead  of  100  feet  as  has  heretofore  been  the 
law  of  this  District 

On  Motion  the  Meeting  adjourned 

Geo  E.  Wilson  Sect 

Recorders  Office  Sept  11th  1860 
In  pursuant  to  adjournment  the  Meeting  was  called  to 
order  by  Judge  Pollock  when  the  following  Resolution  was  read 
Balloted  upon  &  carried 

Resolved :  that  there  be  a  Road  Inspector  appointed  whos 
duty  it  shall  be  to  inspect  the  Road  along  the  Creek  in  this  dis- 
trict and  deside  what  portion  of  Said  Road  is  good  &  practicable 
as  a  wagon  Road  and  what  portions  are  not  passable  roads  for 
loaded  teams 

And  be  it  further  Resolved  that  it  shall  be  the  duty  of  said 
inspector  upon  unbiased  examination  to  report  all  portions  of 
said  Road  not  passable  &  good  to  the  Clerk  whos  duty  it  shall  bo 


204  GILPIN  COUNTY  RECORDS 

to  post  notices  on  each  portion  of  the  road  declared  a  !N"iiisance 
bj  the  Inspector,  that  unless  Said  Roads  is  made  a  good  passable 
wagon  Road  for  loaded  teams  within  ten  days  from  the  time 
the  [notices]  are  posted  each  persons  water  Claim  lying  oppo- 
site said  condemned  Road  Shall  be  liable  to  be  jumped  by  any 
person  who  shall  begin  work  immediately  after  the  time  the 
Notice  expires  and  complete  the  road  within  five  days  from  the 
time  of  commencment 

On  Motion  Mr  Shaw  was  appointed  Said  Road  Inspector 
On  Motion  Inspector  was  to  report  immediately  to  Clerk 
On  Motion  Meeting  adjourned 

A.  P.  Vance 

Sect 

Recorders  Office  Fairfield  Dist    Sept  24th  1860 

In  accordance  to  legal  notice  given  by  Judge  Pollock  for 
a  Miners  Meeting  the  Meeting  was  called  to  order  by  Judge 
Pollock 

On  Motion  of  Mr  Jones  to  reconsider  the  Resolutions 
passed  Sept  11th  1860  in  relation  to  an  Act  appointing  Road 
Inspector  &c.  reconsideration  was  granted,  when  on  Motion 
the  Said  Resolution  was  repealed  by  a  large  Majority 

Mr  Dewey  offered  the  following  as  an  amendmet  to  Sect 
4th  of  the  JSTuisance  Law  which  was  adopted  1st.  Be  it  enacted 
by  the  Citizens  of  Fairfield  District  JSTorth  Clear  Creek  that  no 
person  Shall  be  allowed  to  obstruct  or  hinder  the  free  recourse 
or  passage  of  said  North  Clear  Creek  by  running  Saw  dust  or 
any  filth  in  Said  Stream 

2nd  And  be  it  further  enacted  that  any  person  who  may 
violate  the  first  section  of  this  act  shall  be  deemed  guilty  of  mis- 
demeanor and  for  the  first  offence  shall  be  fined  in  a  sum  not 
less  than  ten  dollars  nor  more  than  One  hundred  dollars  together 
with  all  damages  that  may  accrue  by  such  misdemeanor.  And 
for  the  second  offence  shall  be  fined  in  a  sum  not  less  than  One 
hundred  dollars  nor  more  than  five  hundred  dollars  together 
with  double  the  amount  of  all  the  damages  that  may  be  sus- 
tained by  such  misdemeanour 


FAIRFIELD  DISTRICT  205 

3rd  And  be  it  further  enacted  that  the  fines  thus  accrued 
arrisine:  from  the  viohition  of  this  law  shall  become  a  Road  fund 
and  shall  be  applied  on  the  Roads  of  this  district 

Mr  Dewej  offered  the  following  amendt  to  Sect  6th  of  an 
Act  regulating  the  duties  of  the  Sheriff  of  thi?;  District  which 
on  motion  was  adopted 

Be  it  further  enacted  by  the  Citizens  of  this  District  that 
it  shall  be  the  duty  of  the  Sheriff  of  this  District  to  pay  strict 
attention  in  regard  to  IN^uisances  and  in  case  of  Xuisances  shall 
notify  the  parties  concerned  &  in  case  of  resistance  shall  com- 
mence suit,  according  to  Law 

Mr  Harsh  offered  the  following  enactment  which  on  motion 
was  adopted 

Be  it  enacted  that  there  shall  be  a  fine  against  every  person 
or  persons  that  commit  damages  to  the  publick  Roads  Such  as 
taring  up  Bridges  or  dislocating  any  grades  of  Stone  or  Earth 
of  the  aforesaid  Roads  or  drawing  heavy  timbers  on  the  ground 
of  Individuals  Claims  taken  for  any  purpose  and  damaging  said 
Claims  and  in  case  any  person  or  persons  shall  damage  or  cause 
to  be  damaged  the  afforesaid  Roads  or  claims  they  shall  be  liable 
to  a  fine  not  exceeding  One  hundred  dollars  and  not  less  than 
ten  dollars  the  afforesaid  damages  to  be  collected  as  provided  for 
in  the  Xuisance  Law  of  Fairfield  District  and  the  damages  to 
be  appopriated  as  the  Nuisance  Law  provides 

On  Motion  that  the  Recorder  be  required  to  post  4  Notices 
of  the  above  Law  in  as  many  conspicuous  places  in  this  Dist 
Carried 

On  Motion  the  Judge  appointed  a  committee  of  3  to  in- 
vestigate the  matter  in  regard  to  the  Xevada  Ditch  Co  taking 
the  Water  from  this  creek  &  also  to  concur  with  the  Citizens 
interested  in  other  Districts  who  are  interested  and  report  at  the 
next  regular  meeting 

Messrs  Dewey,  Bond  &  Todd  appointed  said  committee 

Mr  Dewey  moved  to  adjourn  until  thursday  Eve  Oct  4th 

1860     Carried 

A.  P.  Vance  Sect 


206  GILPIN  COUNTY  RECORDS 

Eecorders  Office  Oct  11th  1860 
Pursuant  to  a  call  of  the  Citizens  for  a  Meeting  to  elect 
a  Judge  of  Miners  Oour  of  Fairfield  Dist  to  fill  vacancy  of 
Office  until  next  anual  Election  the  Meeting  was  called  to  order 
J  P  Hannan  elect  to  chair  Mr  Noble  being  the  only  Candidate 
was  balloted  for  and  unanimously  Elected 
A  Motion  to  adjourn,  carried 

A.  P.  Vane  Recorder 
E  Nagle  Dept 

Recorders  Office  Oct  20th  1860 

Miners  Meeting:  Pursuant  to  a  Legal  call  the  Citizens 
meet  was  called  to  order,  there  being  [no]  Judge  to  preside,  Mr 
S.  Copeland  was  Elected  to  fill  the  Chair.  E.  Nagle  offered 
the  following  Act  which  was  taken  up  &  Balloted  on  which 
carried 

Fairfield  District  Oct  20,  1860 

Be  it  enacted  by  the  Citizens  of  Fairfield  Dist  That  on 
&  after  this  date,  Each  &  every  person  shall  be  entitled  to  hold 
by  Premption  one  claim  on  Each  and  Every  Quartz  Lode  in  this 
District  And  the  portion  of  Sect  3  Conflicting  with  this  Act 
of  an  Act  defining  Claims  &  regulating  the  Titles  thereto  passed 
July  2nd  1860  be  &  is  hereafter  repealed 

The  Judges  Office  being  vacated  Mr  Lawrence  moved  the 
we  proceed  to  Elect  a  Judge  &  the  vote  be  taken  by  Ballot. 
Carried. 

Judges  and  Clerk  appointed  by  the  Chair  for  Election  Mr 
Lawrence  appointed  Clerk  Mess  Todd  &  Cairens  Judges  Citi- 
zens proceeded  to  Elect.  After  election  the  Judges  made  the 
following  Report. 

We  the  Judges  chosen  to  preside  over  the  election  held  in 
Fairfield  District  this  20th  day  of  October  1860  give  the  follow- 
ing as  voted  on  for  Judge,    to  Wit : 

G.  W.  Sayers  received  13  votes 
Hiram  Burget      "  11      " 

deciding  in  said  G.  W.  Sayers  favor  by  2  votes 

On  Motion  to  adjourn  carried 


FAIRFIELD  DISTRICT  207 

On  Motion  to  reconsider  the  vote  to  adjourn  carried  Meet- 
ing was  called  to  order  bj  the  President 

Mr  Savers  not  being  present  so  as  he  may  be  qualified  in 
his  office  a  motion  was  made  &  carried  that  the  Recorder  be  em- 
powered to  make  out  an  affidavit,  to  qualify  the  Judge  Elect  to 
office  and  on  his  signing  the  same  the  recorder  record  the  same 
on  the  Journal  of  Meetings. 

Moved  &  seconded  to  adjouni  carried.  Recorder  made  out 
the  following  Oath  of  Office  for  G.  W,  Sayers  which  was  signed 
in  my  presence    Oct  22nd  1860 

I  George  W  Sayers  do  solemnly  swear  before  the  All 
mighty  God  to  support  the  Constitution  of  the  United  States  & 
the  Laws  of  this  "Fairfield"  District  and  that  I  will  neither 
for  gain,  Malice,  fear  or  favor  will  prejudice  any  case  which 
may  come  before  me  while  Judge  of  the  afforesaid  District 

Geo.  W.  Sayer 

E  Nagle     Attst  A.  P.  Vance 

Recorder  F.  D. 
E.  Nagle    Dep 

Meeting  of  Miners  of  Fairfield  Dist 
Feby  23rd     61 

Pursuant  to  a  Legal  Call  for  an  Election  of  Officers,  of 
Fairfield  Dist  the  largest  number  of  Miners  being  present 

J.  W.  Medbury  offered  a  motion  to  organise  into  a  meett- 
ing  to  transact  other  Business,  which  was  seconded  &  carried 

Judge  Sayre  then  took  the  Chair  Meeting  Called  to  order 
&  proceeded  to  the  following  business 

Secretary  read  the  proceeding  of  Meeting  held  July  23rd 
18G0,  when  J  W  Medbury  moved  to  recind  a  resolution  passed 
at  the  meeting  which  abolished  the  Office  of  President.  Sec- 
onded.   Vote  Yeas  2    Nays  2  tie  vote 

A  division  of  the  house  being  called  resulted  for  recinding 
12  against  7 

On  motion  which  was  seconded  &  carried  that  the  Judge 
appoint  a  committee  of  three  to  Codify  the  Laws  of  tliis  Die  & 
Judge  Sayre  be  Chm  of  Committee,  Carried 


208  GILPIN  COUNTY  RECORDS 

Committee  appointed  J  W  Me  [d]  bury  Wm  Lawrence  & 
E  Nagle 

Mr Voting  against  recinding  the  foregoing  Resolu- 
tion moved  a  reconsideration  which  was  carried.  Vote  then  be- 
ing taken  on  the  previous  question  carried  unanimous 

Moved  &  Seconded  to  adjourn  Carried.   Meeting  adjourned 

E  Nagle     Sect 

Office  of  Judge  of  Fairfield  Dist  March  23rd  1861 
Persuant  to  a  Legal  Call  Citizens  of  this  Dist  met  at  Judge 
Sayres  Office 

Meeting  was  called  to  order  Judge  Pollock  in  the  Chair 
Agent  of  St  Verain,  Altona  Bolder  Mines,  Gregory  & 
Middle  Park  Wagon  Road  Company,  offered  a  Resolution  pray- 
ing for  Charter  to  said  Co  to  constnict  a  Toll  Road  through  this 
Dist  Resolution  being  discussed  question  was  called  &  on  vote 
Charter  was  granted  unanimous 

A  Delegation  from  Enterprise  Dist  came  in  an  offered  a 
Resolution  which  was  decided  out  of  Order 

On  Motion  meeting  adjourned  until  Monday  night  March 
25th  1861 

E  Nagle  Sect 


ILLINOIS  CENTRAL  DISTRICT 


LAWS^ 


At  a  Meeting  of  the  Citizens  of  111.  Centrall  District  held 
in  Missouri  City  on  the  30th  day  of  June  1860,  at  4-o'ck  P.M., 
A  Committee  Consisting  of  E.  M.  Gault  Wm  Dillon  S  W.  Bor- 
ton  Samuel  Reed,  and  M.A.  Moore,  was  appointed  to  Codify 
and  Amend  the  Laws  of  said  District,  and  report  the  laws  so 
Codified  and  Amended,  at  a  meeting,  in  Missouri  City,  on  the 
10th  day  of  July  1860.  In  accordance  with  the  duties  imposed 
upon  them,  the  Committee  report  the  following.  Acts  regulat- 
ing the  rights  of  persons  and  property,  and  the  manner  in  which 
those  rights  may  be  preserved. 

An  Act  to  Define  the  Boundaries  of  Illinois 
Central  District 

Sec  Ist  Commencing  on  a  small  hlufF,  Xorth  East  of  the 
Lake,  thence  in  a  north  westerly  direction  in  a  direct  line  to  the 
highest  point  of  Quartz  Hill,  thence  along  the  divide  between 
111.  Cent.  District  and  Nevada  district  to  the  top  of  Gold  ]\[oun- 
tain,  thence  South  Westerly  following  the  divide  to  a  point  of 
Rocks  near  the  head  of  Gold  Run  and  Leavenworth  Gulch, 
thence  crossing  the  head  of  Gold  Run  and  down  the  divide  be- 
tween  Gold  Run  and  111.  Gulch  and  Russell  Gulch,  to  the  mouth 
of  Illinois  and  Russell  Gulch,  thench  Crossing  Russell  Gulch 
down  on  the  South  Side  of  said  Gulch  to  the  mouth  of  Willis 
Gulch,  thence  North  to  the  North  Side  of  Lake  Gulch,  thence 
up  the  North  Side  of  Said  Lake  Gulch  (following  the  divide) 
to  the  place  of  beginning,  including  Said  Lake  Gulch  in  Til. 
Cent.  District. 

Sec.   2.     Be  it  further  Enacted,  that  no  change  shall  here- 

*  The  laws  are  in  duplicate  as  far  as  tlio  "Act  in  Relation  to  the 
Officers  of  the  Illinois  Central  District,  their  Duties.  Term  of  Ollice,  and 
Fees."     The  manuscripts  were  found  amon;^  the  Sayrc  ra|)erK. 

209 


210  GILPIN  COUNTY  RECORDS 

after  be  made  in  the  Boundaries  of  this  District — without  the 
consent  of  its  Citizens  as  hereinafter  enacted 

Sec.  3.  Be  it  further  Enacted  that  if  any  person  or  per- 
sons shall  wish  to  change  the  Boundaries  of  this  district,  or 
Erect  another  within  the  same,  or  annex  any  territory  not  be- 
longing thereunto  A  Public  Meeting  of  the  Citizens  of  this  Dis- 
trict, shall  be  Called  and  one  Weeks  Notice  given  of  the  Same, 
by  posting  Twelve  Notices  of  Said  Meeting,  in  as  many  Con- 
spicuous places.  If  the  petition  for  a  New  District  or  Change 
of  boundary  applied  for  in  this  District,  be  granted,  it  shall  not 
take  Effect  for  ten  days  thereafter. 

Approved  July  10th  1860. 

An  Act  Defining  Claims  and  Regulating  the 
Title  Thereto 

Sec  1.  Be  it  enacted.  That  all  Mining  Leads  of  Gold  or 
any  other  precious  or  useful  Metals,  And  all  Mining  and  other 
Claims,  shall  be  held  under  and  defined  by  the  provisions  of  this 
act. 

Sec  2 — Be  it  further  Enacted:  That  the  term  "Claim" 
as  used  in  this  District,  shall  be  Construed  to  Mean,  when  Ap- 
plied to  a  Lode  one  Hundred  feet  running  the  length  of  the 
Same  and  fifty  feet  in  Width.  W^hen  applied  to  a  Gulch,  One 
Hundred  feet  by  fifty  When  Applied  to  Patch  or  Placer  dig- 
gings one  Hundred  feet  by  fifty  When  applied  to  Tunnelling 
claims,  the  entire  distance  intended  to  run,  the  same  for  dis- 
covery purposes  as  shown  by  Record  and  the  Stake  at  the  mouth 
of  the  Tunnell ;  When  applied  to  a  Quartz  WiU  Site  the  distance 
of  Two  Hundred  and  fifty  feet  square — when  applied  to  a 
Ditch  claim — the  entire  distance  Staked  off  which  they  intend 
to  run  the  Same  by  the  Survey  and  stakes — When  applied  to  a 
Water  Claim  the  exclusive  right  to  use  water  for  Mining  pur- 
poses on  any  Stream  Not  exceeding  in  distance  over  250  feet. 
When  Applied  to  a  building  Claim  fifty  feet  by  one  Hundred 

Sec  3.  Be  it  further  Enacted.  That  no  person  shall  hold 
more  than  one  Lode,  Gulch,  Patch  or  Placer  Claim  in  this  dis- 
trict.   Except  by  purchase  or  discovery — 


ILLINOIS  CENTRAL  DISTRICT  211 

Sec.  4.  Be  it  further  Enacted.  That  Xo  person  shall 
have  or  hold  More  than  One  Water  or  Ranch  claim  Except  by 
purchase 

Sec  5.  Be  it  further  Enacted :  That  each  discovery 
claim  shall  be  marked  as  such,  And  all  Bona  fide  purchase 
claims,  shall  be  recorded  within  fifteen  days  from  the  date  of 
the  Deed,  And  in  Either  Case  they  shall  be  safely  held  whether 
Worked  or  not 

Sec  6.  Be  it  further  Enacted :  That  any  claim  or  Claims 
if  not  held  Either  by  purchase  or  discovery,  if  abandoned,  or 
not  worked  in  good  faith,  for  ten  Consecutive  days  after  being 
Staked  olEf — shall  be  forfeited  to  any  person  or  persons  who  may 
taks  up  the  same  and  work  them,  and  not  abandon  them  as 
aforesaid — Except  when  ample  facilities  Cannot  be  aforded  for 
Working  the  same. 

Sec  7.  Be  it  further  enacted  That,  no  claim  shall  l)e  re- 
garded as  good  and  valid,  unless  it  be  Staked  off,  with  the  o^vn- 
ers  name,  giving  the  direction — length,  width,  and  date,  when 
the  Same  was  made,  and  when  held  by  a  Company,  the  name  of 
each  Member  of  the  Company  shall  appear  Conspicuously,  and 
every  made  claim  except  the  Discovery  claim  shall  be  recorded 
within  ten  days  after  taking  the  Same. 

Sec.  8.  Be  it  further  Enacted :  That,  when  Members  of 
a  Company  Consisting  of  two  or  more  shall  work  one  claim  of 
the  Company,  the  other  claims  of  the  Co.  shall  be  considered 
as  worked  by  putting  a  Xotice  of  the  same  thereon — 

Sec.  9.  Be  it  further  Enacted — That  all  preemption 
claims — which  have  been  or  may  be  taken  u])  before  the  first 
day  of  August  next  need  not  be  worked  untill  that  date — pro- 
vided that  the  person  who  so  has,  or  shall  take  up  a  claim  as 
aforesaid,  shall  Record  the  same,  and  properly  describe  them. 

Sec.  10.  Be  it  further  Enacted :  That  in  all  case  where 
parties  shall  have  complied  with  the  law,  as  far  as  possible — 
priority  of  right  or  claim — when  honestly  carried  out  shall  l)e 
respected — 

Sec,  11.  Be  it  further  Enacted — That  all  Contracts  of 
partnership  or  agreements — whereby  an  interest  in  claims  or 


212  GILPIN  COUNTY  RECORDS 

Lands  are  Concerned,  and  all  Contracts  relating  thereto — here- 
after made,  shall  be  in  writing,  and  give  the  names  and  intent 
of  each  of  the  parties.  And  when  a  partnership  the  firm  name 
also,  and  the  same  shall  be  recorded,  or  the  contract  shall  not  be 
regarded  as  binding  upon  or  effecting  any  but  the  Original  par- 
ties in  any  transaction  whatever — 

Sec.  12.  Be  it  further  Enacted.  That  all  deeds,  bonds 
Contracts,  bills  of  Sale,  or  instruments  of  Writing  of  any  Kind, 
relating  to  the  Conveyance  of  claims,  shall  be  witnessed  by  at 
least  two  disinterested  witnesses  and  Recorded — 

Sec.  13.  Be  it  further  Enacted:  That  when  any  Miner 
shall  hold  a  Gulch,  Patch,  Lode  or  other  claims,  if  one  be 
worked  or  operated  upon,  the  others  may  be  held  without  work- 
ing, by  Recording  the  Same. 

Sec.  14.  Be  it  further  Enacted,  That  any  person  or  per- 
sons owning  a  Quartz  Mill  claim  upon  which  he  has  a  mill,  or 
is  preparing  to  place  one,  has  the  right  to  cut  a  Ditch  or  race 
from  any  Stream  to  bring  Water  to  Said  Mill,  Not  interfering 
with  vested  rights — 

Sec.  15.  Be  it  further  enacted,  That  when  water  Com- 
panies are  engaged  in  bringing  water  to  any  portion  of  the 
Mines,  they  shall  have  the  right  of  way  recorded  to  them,  And 
may  pass  Over  any  claim  or  Ditch,  provided  the  water  shall  be 
so  guarded  as  not  to  interfere  with  any  vested  rights — 

Sec.  16.  Be  it  further  Enacted,  That  when  water  is 
claimed  for  Gulch  and  Quartz  mining  purposes  on  the  same 
Stream,  neither  shall  have  the  right  to  more  than  one  half  of  the 
water  in  Said  Stream  unless — there  shall  be  sufficient  for  both, 
when  priority  of  Claim  shall  determine — 

Sec.  IT.  Be  it  further  Enacted.  That  other  Questions 
not  Settled  by  the  provisions  of  this  Act,  arising  out  of  the 
rights  of  riparian  proprietors  shall  be  decided  according  to  the 
common  law. 

Sec.  18.  Be  it  further  enacted.  That  claims  of  every 
kind  except  discovery  mining  claims,  must  be  recorded  unless 
the  same  are  worked  on  or  used  according  to  law  Continuously 
every  ten  days — 


ILLINOIS  CENTRAL  DISTRICT  213 

Sec.  19.  Be  it  further  enacted :  That  no  person  or  per- 
sons shall  be  allowed  to  mine  under  any  building,  or  other  im- 
provement unless  he  first  secures  the  parties  against  all  damages 
except  by  priority  of  title 

Sec.  20.  Be  it  further  Enacted.  That  if  any  person  or 
persons  shall  locate  a  Tunnell  in  this  District,  for  the  purpose 
of  Discovery,  he  shall  file  a  specification  of  the  same  with 
the  Recorder,  whose  duty  it  shall  be  to  record  the  same  upon  the 
payment  of  his  fees.  The  said  specification,  shall  state  the  place 
of  Commencement  and  termination  of  said  Tunnell  togather 
with  the  name  of  the  parties  interested  therein.  A  Stake  shall 
be  placed  at  the  Mouth  having  written  thereon,  the  same  things 
hereby  made  necessary  to  record — 

Sec.  21.  Be  it  further  Enacted — That  any  person  or  per- 
sons Engaged  in  working^  a  Tunnell  provided,  he  or  they  shall 
Comply  with  the  requirements  of  the  laws,  shall  be  entitled  to 
Two  Hundred  feet  on  each  Side  of  all  Lodes  discovered  in  con- 
sequence of  the  Same.  And  such  parts  of  the  Lead  as  they  are 
entitled  to  in  Consequence  of  said  Discovery  shall  be  held  as  dis- 
covery claims  provided  they  do  not  interfere  with  vested  rights. 
And  if  it  shall  appear  that  Lodes  are  Staked  off — on  the  line  of 
said  Tunnell,  so  that  the  required  Number  of  feet  Cannot  be 
taken  near  to  the  Same  they  may  be  taken  upon  any  part 
thereof,  where  the  Same  may  be  found  vacant — 

Sec  22.  Be  it  further  enacted.  That  if  any  person  or 
persons  locating  a  Tunnel  claim  shall  fail  to  work  the  same  for 
Thirty  consecutive  days  after  the  first  day  of  August  next,  they 
shall  forfeit  their  Claim  to  Said  Tunnell  but  Not  to  the  claims 
they  have  discovered  and  held  by  virtue  of  Discovery  before  the 
time  of  forfeiture.^ 

Sec.  23.  Be  it  further  enacted.  That  the  person  or  per- 
sons working  a  Tunnell  shall  after  the  same  is  legally  located 
have  the  priority  of  right  to  all  the  Lodes  discovered  on  the  line 
of  the  Tunnell  from  the  recorded  line  of  its  mouth  to  its  termi- 

^  In  the  other  copy  of  the  laws  this  reads  "making." 

=  In  the  other  copy  the  last  word  is  "discovery"  instead  of  "forfeiture." 


214  GILPIN  COUNTY  RECORDS 

nation,  and  shall  have  the  right  of  way  through  all  Lodes  which 
may  lie  in  its  Course,  if  said  Tunnell  is  recorded  Staked  out 
and  Worked —  Approved  July  10  1860 

An  Act  in  Relation  to  the  Officers  of  the  Illinois  Cen- 
tral District,  their  Duties,  Term  of 
Office^  and  Fees. 

Sec  1.  Be  it  further  enacted  by  the  Citizens  of  the  Illi- 
nois Central  District  in  convention  assembled  that  there  shall  be 
elected  in  this  District  upon  the  1st  Monday  of  August  in  eaeh 
year  the  following  Officers — who  shall  hold  their  respective 
Offices  for  the  term  of  one  year  unless  they  should  sooner  be  re- 
moved by  death  resignation  or  for  Misconduct  in  Office — viz: 
A  President  a  Judge  of  Miners  Court  and  a  Recorder  who  shall 
be  Ex-officio  Secretary  and  treasurer  of  this  District  And  a 
constable 

Sec  2.  Be  it  further  enacted  That  it  shall  be  the  duty  of 
the  President  of  this  District  to  preside  at  all  Public  Meetings 
of  th  Citizens  of  the  District  when  called  for  purposes  relating 
to  public  business,  and  to  preside  at  the  trial  of  all  Causes  which 
May  Lawfully  come  before  him  as  hereinafter  provided 

Sec.  3.  Be  it  further  enacted  That  it  shall  be  the  duty  of 
the  Judge  of  Miners  Court  to  try  All  Causes  which  May  law- 
fully be  brought  before  him  as  hereinafter  provided — To  pre- 
side at  public  Meetings  and  the  trial  of  Causes  in  the  Absence 
of  the  president  and  perform  such  other  duties  as  the  law  re- 
quires— 

Sec  4.  Be  it  further  enacted  That  it  shall  be  the  duty  of 
the  Recorder  safely  to  Keep  the  books  and  Records  of  the  District 
and  to  record  all  papers  upon  payment  of  his  fees  to  act  as  secre- 
tary of  the  District  at  public  Meetings  of  the  District  and  to 
safely  Keep  all  Moneys  paid  into  his  hands  by  the  Judge  of  the 
Miners  Court  to  be  paid  over  as  directed  by  the  Citizens  at  some 
public  Meeting  legally  called 

Sec  5 — Be  it  further  enacted  That  it  shall  be  the  duty  of 
the  Constable  to  attend  all  trials  in  this  District — Execute  all 


ILLINOIS  CENTRAL  DISTRICT  215 

writ-s  that  May  be  put  into  his  hands — And  perform  all  And 
singular  his  duties  as  herein  after  provided  according  to  law 

Sec  6,  Be  it  further  enacted  That  the  fees  of  the 
Recorder  shall  be  fifty  Cents  for  each  claim  filed  for  record  and 
seventy  five  cents  each  for  all  other  instruments  and  the  recorder 
May  require  all  fees  to  be  paid  Upon  filing — 

Sec  7.  Be  it  further  enacted  That  all  white  Male  persons 
of  the  Age  of  twenty  one  years  who  shall  have  resided  in  this 
District  Three  days  previous  to  Any  election  herein  held — And 
whose  boarding  And  washing  shall  be  in  this  District  shall  be  a 
legal  voter  at  any  election  herein  held 

Sec  8.  Be  it  further  enacted  That  the  officere  of  this  Dis- 
trict shall  continue  to  hold  their  said  Offices  until  the  next  An- 
nual election  subject  to  the  provisions  hereinbefore  named 

Sec,  9.  Be  it  further  enacted  That  the  Justice  of  the  Min- 
ers Court,  shall  hereafter  be  Known  as  the  Judge  thereof 

Sec  10.  Be  it  further  enacted  that  the  Judge  of  the  Min- 
ers Court  shall  have  full  probate  jurisdiction  within  the 
District.-^ 

Sec  11.  Be  it  further  enacted  That  the  president,  Judge, 
Recorder  and  Constable  shall  each  be  required  to  give  good  and 
sufficient  security  in  the  sum  of  one  Thousand  Dollars ;  Condi- 
tioned for  the  faithful  discharge  of  their  several  duties.  The 
bonds  of  the  resident  Judge  and  constable  to  [be]  Approved  by 
the  recorder  and  the  bond  of  the  recorder  to  be  Approved  by  the 
Judge  Approved  July  10th  1860 

An  Act  Establishixg  a  Miners'   Court  and  Regulating 
ITS  Jurisdiction. 

Sec  1.  Be  it  enacted  by  the  Citizens  of  the  "Illinois  Cen- 
tral District"  That  the  regular  term  of  court  to  be  kuowu  as  a 
Miners  Court  shall  be  held  by  the  Judge  of  this  District  in  some 
convenient  and  proper  place  upon  the  first  and  Third  Saturday 
in  each  Month  and  all  writs  made  returnable  at  said  term  shall 

'  In  the  manuscript  Section  10  ia  crossed  out  and  the  word  "out"  is 
written  in  the  margin. 


216  GILPIN  COUNTY  RECORDS 

be  served  on  or  before  the  Wednesday  next  preceding  Nothing 
herein  Contained  shall  be  so  construed  as  to  prevent  the  trial  of 
Criminals  at  any  time. 

Sec  2.  Be  it  further  enacted  That  the  officers  of  said 
Court  shall  consist  of  a  Judge  and  Constable 

Sec  3.  Be  it  further  enacted  That  it  shall  be  the  duty  of 
said  Court  to  sign  all  writs  issiiing  out  of  said  Court  to  Make  all 
transcripts  of  Judgments  required  on  payment  of  his  fees;  to 
enter  Judgments  and  issue  executions  and  pay  over  to  the  proper 
parties  all  Moneys  collected  on  such  Judgments  and  Executions, 
To  try  all  criminals  And  pay  over  to  the  treasurer  all  Moneys 
he  May  receive  for  the  District  for  fines  and  Judgments  and  per- 
form such  other  duties  as  necessarially  appertain  to  his  office — 

Sec  4.  Be  it  further  enacted  That  if  the  Judge  of  said 
Court  shall  not  be  able  to  attend  to  Any  trial  or  shall  be  disquali- 
fied from  any  cause  to  tiy  any  suit  or  if  any  person  shall  Make 
his  Affidavit  in  writing  that  he  does  not  believe  that  he  can  have 
a  fair  and  impartial  trial  before  said  Judge  of  said  Court  and  if 
the  Said  Court  shall  be  interested  in  the  event  of  Any  suit  either 
as  Plaintiff  or  Defendant  or  with  either  of  them  in  Any  Manner 
— the  President  of  the  District  shall  preside  in  the  Miners  Court 
at  such  trial — 

Sec  5,  Be  it  further  enacted  That  the  Miners  Court 
shall  have  equity  as  well  as  law  jurisdiction  And  May  grant 
writs  of  injunction  upon  Motion  in  all  proper  cases  and  all  other 
Motions  upon  proper  cause  shown,  to  be  supported  by  Affidavits 
Alone  And  do  all  such  other  Acts  as  a  Court  of  equity  has  power 
to  do 

Sec  6.  Be  it  further  enacted  That  the  Miners  Court 
shall  have  power  to  fine  for  contempts  in  a  sum  not  Exceeding 
fifty  dollars  And  May  issue  Execution  thereon  the  same  as  upon 
Judgments 

Sec — 7.  Be  it  further  enacted  That  the  Jury  for  each 
term  of  Court  shall  be  drawn  upon  the  Saturday  next  preceding 
each  term  in  the  following  Manner:  The  Judge  of  Miners 
Court  shall  place  the  names  of  fifty  good  and  substantial  Men 
in  a  box  prepared  for  that  purpose — And  the  constable  in  pres- 


ILLINOIS  CENTRAL  DISTRICT  217 

ence  of  the  Judge  shall  draw  therefrom  the  names  of  seven  per- 
sons who  Shall  be  Summoned  to  act  as  petit  Jurors  for  the  next 
Succeeding  term  of  Court :  when  necessary  the  Constable  May 
summon  talismen  but  no  person  shall  sen-e  as  a  Juror  for  two 
successive  terms  of  Court 

An  Act  in  Relation  to  Practice  in  the  Miners'  Court^ 

Sec  1.  Be  it  enacted  by  the  Citizens  of  Illinois  Central 
District  in  Convention  Assembled  That  the  distinction  between 
Actions  at  law  and  suits  in  equity  and  the  forms  of  all  such  Ac- 
tions and  suits  heretofore  existing  are  abolished  And  in  their 
place  these  shall  be  called  a  "Civil  Action" 

Sec  2.  In  such  action  the  party  complaining  shall  be 
kno%\Ti  as  Plaintiff  and  the  Adverse  party  as  the  Defendant 

Sec  3.  All  actions  must  be  brought  in  the  name  of  the 
real  party  in  interest,  if  it  is  possible  so  to  do — 

Sec  4.  Be  it  further  enacted  That  if  any  person  or  per- 
sons shall  wish  to  commence  a  civil  action  in  the  Miners  Court 
of  this  district  he  or  they  shall  file  with  the  Judge  thereof  a  peti- 
tion setting  forth  his  grounds  of  complaint  which  shall  contain 
all  the  allegations  And  facts  necessary  to  constitute  a  Cause  of 
Action  in  plain  And  unequivocal  language — upon  the  filing  of 
the  petition  as  aforesaid  the  Court  shall  issue  a  writ  of  Sum- 
mons to  be  served  upon  the  Defendant  to  appear  and  answer  at 
the  time  therein  named  or  Judgment  will  be  taken  against  the 
Defendant  by  default 

Sec  5.  Be  it  further  enacted  That  the  Defendant  may 
at  any  time  before  trial  file  his  answer  or  demurrer — upon 
either  of  which  the  plaintiff  may  join  issue.  And  if  an  Answer 
be  filed  containing  new  Matter  irrelevant  to  the  issue  it  ^lust  be 
denied  or  avoided  by  plaintiff  in  his  reply  And  all  Matters  not 
denied  or  avoided  by  one  pleading  subsequent  to  another  shall 
be  taken  as  confessed  and  true 

Sec  6.     Be  it  further  enacted    That  the  retilinii  and  An- 

^  This  act  is  crossed  out  in  the  manuscript  and  the  words  "stricken 
out"  written  in  above. 


218  GILPIN  COUNTY  RECORDS 

swer  shall  be  verified  by  the  oatb  of  the  parties  also  the  replica- 
tion and  denial 

Sec  7.  Be  it  further  enacted  That  in  cases  of  foreclosure 
of  a  Mortgage  or  a  lein  of  any  kind  upon  a  claim  or  other  prop- 
erty the  equity  of  redemption  shall  not  extend  beyond  thirty 
days — 

Sec  8.  Be  it  further  enacted  that  in  all  cases  of  Judgment 
for  partition  of  claims  between  joint  owners  Three  disinter- 
ested commissioners  shall  be  appointed  by  the  Court  who  shall 
effect  such  partition. 

Sec.  9.  Be  it  further  enacted  That  no  person  shall  be  dis- 
qualified as  witness  in  any  Civil  Action  or  proceeding — ^by  rea- 
son of  his  interest  in  the  event  of  the  same  as  a  party  or  other- 
wise provided  there  are  no  disinterested  witnesses  who  may 
know  the  facts — That  he  or  they  may  wish  to  give  in  evidence  as 
such  interested  parties — which  fact  shall  be  sworn  to  by  the  per- 
sons or  parties  wishing  to  testify. 

Sec.  10.  Be  it  further  enacted  That  depositions  may  be 
used  in  the  Miners  Court  and  other  courts  in  this  district  in 
evidence  on  any  trial — the  party  taking  depositions  shall  give 
the  adverse  party  notice  in  writing  of  the  time  and  place  of  the 
taking  of  the  same.  Such  notice  must  be  served  long  enough 
before  taking  the  same  so  as  to  give  the  party  upon  whom  it  is 
served  sufficient  time  to  attend  the  taking  of  the  same. 

Sec  11.  Be  it  further  enacted  That  no  cause  shall  be  con- 
tinued unless  upon  affidavit  of  the  party  or  his  Attorney  of  the 
absence  of  a  Material  witness — whose  evidence  is  Material  to 
the  issue  and  that  said  party  cannot  safely  proceed  to  trial  with- 
out the  evidence  of  said  witness  which  he  believes  he  can  pro- 
cure at  some  future  time  which  he  shall  state;  or  for  other 
good  and  sufficient  cause  shown. 

Sec.  12.  Be  it  further  enacted  That  in  all  cases  of  attach- 
ment and  replevin  the  practice  prescribed  by  the  now  existing 
laws  of  Kansas  shall  be  observed  as  nearly  as  possible — and 
when  in  the  case  of  attachment  the  defendant  has  left  the  Coun- 
try or  keeps  himself  secreted  within  the  same  so  that  process 
cannot  be  served  upon  him — publication  may  be  made  in  some 


ILLINOIS  CENTRAL  DISTRICT  219 

newspaper  printed  in  this  county  for  two  consecutive  weeks 
or  five  notices  may  be  put  up  in  as  many  conspicuous  places  in 
this  County  for  the  same  time :  either  of  which  shall  be  deemed 
sufficient  notice — provided  the  officer  has  made  diligent  search 
and  inquiry  and  cannot  learn  that  the  Defendant  is  in  this 
county — or  that  Said  defendant  cannot  be  found 

Sec  13.  Be  it  further  enacted  That  Garnishee  process 
may  issue  as  a  part  of  the  original  writ  to  be  served  on  both 
Defendant  and  Garnishee  or  separately  or  it  may  be  issued  after 
the  Execution  is  returned  unsatisfied — ^and  in  either  case  if 
the  Garnishee  shall  pay  the  demand  over  to  the  defendant  after 
leeral  notice — he  shall  still  be  held  liable  to  the  amount  of  Plain- 
tiffs  Judgment  and  cost  if  he  was  indebted  to  that  amount  when 
service  was  made ;  And  if  in  a  smaller  siun  the  amount  he  was 
indebted  at  the  time  notice  was  served  upon  him. 

Sec.  14.  Be  it  further  enacted  That  all  special  proceed- 
ings in  the  Miners  Court  shall  be  conducted  according  to  the 
forms  prescribed  in  the  now  existing  laws  And  statutes  of  Kan- 
sas as  far  as  is  consistent  with  the  laws  and  local  affairs  of  this 
district 

Sec.  15.  Be  it  further  enacted  That  either  party  to  any 
suit  in  Civil  Actions  in  the  Miners  Court  shall  have  the  right 
of  appeal — by  paying  the  cost  already  accrued  and  giving  secur- 
ity for  what  may  accrue — And  the  party  so  appealing  shall  have 
the  right  to  appeal  to  the  presidents  Court  of  Miners — or  to  the 
District  Court  of  Mountain  Courts  under  the  Provisional  Gov- 
ernment.' 

Sec.  16.  Be  it  further  enacted  That  nothing  herein  con- 
tained shall  prevent  any  persons  or  persons  when  both  parties 
are  agreed  from  bringing  their  cases  before  the  Miners  at  once 
— and  the  decision  of  the  Miners  in  such  case  shall  be  final — 

Sec  17.  Be  it  further  enacted  That  if  after  any  person 
or  persons  shall  have  had  a  fair  and  impartial  trial  Ix^fore  the 
Miners — ^That  he  or  they  should  refuse  to  abide  the  (hx-ision  so 

'  The  Provisional  Territory  of  Jefferson.  See  .Terome  C.  Smiley.  Srmi- 
Centennial  History  of  the  Htnte  of  Colorado,  I,  327-302;  Frederic  L.  Pftx- 
8on,  The  Territory  of  Jefferson:  A  fipontaneous  Commonwealth,  in  Univer- 
sity of  Colorado,  Studies,  III,  No.  1,  pp.  ITj-lS. 


220  GILPIN  COUNTY  RECORDS 

made — said  person  or  persons  so  refusing  shall  not  be  entitled  to 
hold  any  claim  or  claims  in  this  district — 

Sec.  18.  Be  it  further  enacted  That  if  any  person  or  per- 
sons shall  be  dissatisfied  with  any  verdict  rendered  against  him 
or  them  by  a  Jury  in  the  Miners  Court — said  party  shall  have 
the  right  to  a  new  trial  in  the  same  court — to  a  different  Jury 
at  the  next  term  by  payment  of  cost  and  giving  security  in  case 
of  appeals. 

Sec.  19.  Be  it  further  enacted  That  no  person  shall  set 
as  a  Juror  at  two  successive  terms  of  the  Miners  Court  nor  shall 
any  person  set  twice  in  the  trial  of  the  same  cause 

Sec  20.  Be  it  further  enacted  That  no  debt  or  demand  of 
any  nature  shall  be  collectible  by  suit  in  this  Court  which  has 
not  originated  either  in  coming  to  this  Gold  region  or  since  the 
arrival  of  such  debtor  to  this  region 

Sec  21.  Be  it  further  enacted  That  in  all  cases  when  a 
civil  action  is  hereafter  commenced  in  the  Miner  Court — the 
Judge  of  said  Court  or  the  adverse  party  may  require  the  Plain- 
tiff to  give  bond  with  one  or  more  good  and  sufficient  sureties 
conditioned  to  pay  all  cost  which  may  be  taxed  against  him  in 
case  he  should  fail  in  said  suit. 

Sec.  22.  Be  it  further  enacted  That  in  case  the  costs  can 
not  be  collected  against  the  Defendant  in  any  cause  wherein  the 
Plaintiff  shall  recover  Judgment  the  said  Plaintiff  shall  be  held 
responsible  for  all  the  cost  he  shall  make  in  said  suit. 

Sec.  23.  Be  it  further  enacted  that  when  the  Jury  is  called 
in  the  Miners'  Court  each  party  shall  have  a  right  to  three  per- 
emptory Challenges — but  no  more  unless  for  good  cause  shown 
— and  the  pannel  shall  be  filled  by  the  Constable. 

Sec.  24.  Be  it  further  enacted,  That  Motion  for  a  new 
trial  and  notice  of  appeal  shall  be  given  immediately  upon  the 
decision  of  any  cause. 

Sec.  25.  Be  it  further  enacted  that  all  executions  issuing 
out  of  said  Court  shall  be  made  returnable  in  fifteen  days  from 
date  and  the  Constable  shall  note  on  each  execution  the  day 
and  hour  he  received  the  same  and  return  said  execution  within 


ILLINOIS   CENTRAL  DISTRICT  221 

said  fifteen  days  whether  satisfied  or  not  with  his  proper  return 
thereon  endorsed. 

Sec.  26.  Be  it  further  enacted  That  Witness  fees 
shall  be  in  all  cases  two  dollars  for  each  case  and  twenty  cents 
Mileage. 

Sec  27.  Be  it  further  enacted  that  all  tools  for  ^Mining, 
bedding,  wearing  apparel,  cooking  utensils  and  necessary  pro- 
visions for  two  Months — and  in  case  of  a  ^lan  with  his  family 
a  dwelling  house  not  exceeding  five  hundred  dollars  in  value  and 
such  articles  of  household  furniture  as  are  strictly  necessary 
shall  be  exempt  from  \evj  and  sale  upon  execution — 

Sec  28.  Be  it  further  enacted  That  all  property  taken  in 
execution  shall  be  advertised  by  jwsting  notice  of  the  sale  there- 
of in  three  conspicuous  places  in  the  district  for  five  days  next 
preceding  such  sale — and  the  constable  may  adjourn  the  sale  at 
any  time  w^hen  it  appears  that  the  property  posted  cannot  be 
sold  unless  at  a  great  sacrifice  for  want  of  bidders. 

Sec.  29.  Be  it  further  enacted — That  Money  collected  on 
execution  by  the  Constable  shall  be  paid  into  the  hands  of  the 
Court  to  satisfy  the  Judgment  in  whole  or  in  part;  And  the 
Court  shall  pay  the  same  to  the  proper  parties. 

Sec.  30.  Be  it  further  enacted  That  the  fees  of  the  Judge 
of  Miners  Court  shall  be  as  follows — Docketing  case  one  dollar, 
summons  for  one  person  one  dollar,  additional  person  named 
therein  fifty  cents,  order  of  arrest  two  dollars,  attachment  against 
property  five  dollars ;  attachment  against  witness  for  contempt 
one  dollar  and  fifty  cents,  writ  of  replevin  two  dollars,  subpena 
for  one  person  fifty  cents,  each  additional  person  therein  named 
twenty  five  cents,  venire  for  Jury  two  dollars  and  fifty  cents, 
execution  two  dollars,  writ  of  restitution  two  dollars  and  fifty 
cents,  warrant  in  criminal  cases  for  one  person  two  dollars,  and 
for  each  additional  person  therein  named  one  dollar,  every 
other  writ  required  by  law  seventy  five  cents,  ten  per  c<^nt  on 
all  money  collected  and  paid  to  parties,  each  adjournment  one 
dollar.  Judgment  on  Merit  or  for  cost  seventy  five  cents,  dismis- 
sion or  continuance  without  costs  two  dollars,  satisfaction  of 
Judgment  two  dollars,  transferi-ing  Jndgment  on  do^-ket  seventy 


222  GILPIN  COUNTY  RECORDS 

five  cents — appointing  guardian  for  Minors  to  prosecute  suit 
two  dollars,  taking  verdict  one  dollar — each  Motion  decided  by 
Justice  fifty  cents,  making  up  docket  each,  one  hundred  words 
two  dollars,  certifying  affidavit  one  dollar,  certifying  depositions 
— transcript  of  docket  entries  and  every  other  record  or  writing 
not  otherwise  specified  by  law  one  dollar,  transcript  of  docket 
and  copies  of  every  writing  or  record  for  each  one  hundred 
words  two  dollars — swearing  Jury,  one  dollar,  swearing  each 
witness  twenty  five  cents  and  arbitrator  or  appraiser  and  every 
other  oath  requred  by  law  fifty  cents — ^filing  each  paper  neces- 
sary to  be  preserved  by  the  Judge  twenty  five  cents,  each  bond 
or  undertaking  one  dollar,  each  recognizance  one  dollar — ap^ 
pointing  special  Constable  or  appraisers  each  one  dollar,  ac- 
knowledging deeds  or  other  instruments  in  writing  two  dollars — 
trying  any  cause  three  dollar,  taking  depositions  two  dollar  for 
each  one  hundred  words,  writing  afiidavit  or  other  papers  not 
otherwise  provided  for  one  dollar,  entering  appeal  one  dollar, 
transmitting  papers  when  required  by  law  one  dollar,  selecting 
Jury  one  dollar  to  be  paid  by  the  party  calling  the  same,  per^ 
forming  duties  of  coroner  five  dollars.  Marrying — ten  dollars. 

Sec.  31  Be  it  further  enacted  That  the  fees  of  the  con- 
stable of  this  district  shall  be  as  follows — serving  and  return- 
ing summons  each  person  one  dollar,  copy  of  summons — fifty 
cents,  serving  a  subpena  each  witness  fifty  cents,  serving  an 
order  of  attachment  two  dollars — appraisal  and  return  two  dol- 
lars— serving  order  of  replevin  two  dollars,  taking  and  return- 
ing a  bond  two  dollars,  serving  notice  on  Garnishee  one  dollar 
and  fifty  cents,  summoning  a  Jury  two  dollars,  attending  on  a 
Jury  one  dollar  serving  and  returning  an  execution  two  dollars 
and  fifty  cents,  advertising  and  selling  three  dollars,  on  all 
Money  paid  or  collected  on  an  execution  to  be  paid  by  the  de- 
fendant ten  per  cent — travelling  fee  each  Mile  twenty  five 
cents — serving  and  returning  warrant  two  dollars — bringing 
prisoner  into  Court  by  order  one  dollar,  attending  criminal  ex- 
amination one  dollar. 

Sec  32.  Be  it  further  enacted  That  the  president  of  this 
district — shall  receive  the  fee  of  five  dollars  for  each  Meeting 


ILLINOIS   CENTRAL   DISTRICT  223 

he  may  be  called  to  preside  over — to  be  paid  bv  the  party  losing 
the  suit — and  the  same  fees  as  the  Judge  of  Miners  Court  for 
all  other  acts,  said  fees  shall  be  collected  by  the  constable  as  in 
other  cases —  Approved  July  7,  1860. 

A:^  Act  Relating  to  Crimes  and  Nuisances  Committed 
IN  Illinois  Central  District^ 

Sec  1.  Be  it  enacted  by  the  Citizens  of  the  Illinois  Cen- 
tral District  in  convention  assembled  that  all  crimes  committed 
in  this  district  shall  be  punished  as  a  Jury  of  seven  Men  shall 
direct 

Sec  2.  Be  it  further  enacted  that  any  person  who  shall 
cause  any  nuisance  affecting  the  health  of  the  people  of  this  dis- 
trict or  liable  to  affect  the  same  may  be  sued  for  the  same  in 
the  Miners  Court  by  any  Citizen  of  said  District  in  the  name  of 
the  "Illinois  Central  District  vs.  Defendant"  and  shall  be  liable 
to  pay  damages  in  a  sum  not  exceeding  one  hundred  dollars  for 
the  use  of  said  district  and  cost  of  suit. 

Sec.  2.2  Be  it  further  enacted  That  executions  shall  issue 
in  all  cases  under  the  provisions  of  this  act  in  the  name  of  the 
District  the  same  as  in  any  other  suit  of  law 

Sec  3.  Be  it  further  enacted  That  all  fines  collected  in  this 
district  shall  be  appropriated  by  the  treasurer  of  said  District 
to  the  working  of  the  public  roads  within  said  district — which 
labor  shall  be  performed  at  the  place  and  time  designated  by  the 
Miners  of  the  district  at  a  regular  meeting. 

Sec  4.  Be  it  further  enacted  That  when  one  lode  crosses 
another  the  owner  of  the  claim  first  taken  up  shall  not  be  enti- 
tled to  any  portion  of  the  Lode  that  crosses  his  claim  (except 
in  his  shaft  or  drift)  by  virtue  of  the  width  of  his  claim  but 
the  first  claimant  to  the  ground  shall  not  in  any  way  be  im-i 
peded  in  his  work  by  the  owner  of  the  claim  on  the  lode  which 
may  cross  it 

*  The  words  "in  force"  appear  in  the  margin  opposite  each  section 
except  Section  4,  in  which  case  lines  were  drawn  through  the  section  and 
the  word  ''out"  appears  in  the  margin. 

*  So  numbered  in  the  original. 


224  GILPIN  COUNTY  RECORDS 

Sec.  5.  Be  it  further  enacted  that  the  Judge  of  Miners 
Court  shall  pay  over  each  month  to  the  treasurer  of  the  district 
all  Moneys  he  may  collect  from  Judgments  in  favor  of  the  dis- 
trict for  Contempts  of  Court  and  fines  of  every  kind  and  the 
treasurer  shall  not  pay  the  same  out  to  any  person  unless  upon 
the  vote  of  the  Miners  given  at  some  Meeting  legally  called 

Sec  6.  Be  it  further  enacted  That  at  all  elections  held  in 
this  district — three  disinterested  Citizens  of  the  district  shall 
be  chosen  by  the  Judge  of  Miners  Court  and  Recorder  on  the 
morning  of  the  election  v^ho  shall  act  as  Judges  of  said  election 
and  also  two  clerks.  And  the  Judge  of  Miners  Court  shall  be 
required  to  administer  oaths  to  said  Judges  and  Clerks  to  do 
and  perform  their  duties  as  is  prescribed  by  the  statute  of  Kan- 
sas territory.  The  polls  shall  he  open  from  8  oclock  A  M  to  6 
•oclock  PM. 

Sec  7.  Be  it  further  enacted  That  if  any  person  shall 
hereafter  discover  a  new  lead  in  this  district  said  person  shall 
be  entitled  to  hold  without  working  or  recording  the  same — 
two  hundred  feet  on  said  lead — provided  the  person  making  such 
discovery  shall  stake  the  same  off  so  that  any  person  of  ordinary 
discretion  could  find  the  same — And  if  any  persons  holding 
claims  in  this  district  shall  not  keep  them  properly  marked  and 
staked  or  Recorded  and  other  persons  go  upon  said  claims  and 
finding  no  stakes  nor  marks  thereon  and  no  record  of  the  same — 
and  perform  labor  on  said  claim,  the  person  or  persons  first  own- 
ing said  claim  or  claims  and  neglecting  to  stake  and  mark  or 
record  the  same  shall  upon  proof  of  the  above  facts  be  held  re- 
sponsible for  the  amount  of  labor  so  done  upon  his  claim — 

Sec  8.  Be  it  further  enacted — That  the  Kansas  Code  of 
law  shall  be  used  in  this  district  until  the  laws  of  the  provisional 
Government  shall  be  published  and  distributed — at  which  time 
the  laws  of  the  Provisional  Government  for  Jefferson  Territory 
shall  take  effect — 

Sec.  9.  Be  it  further  enacted  That  Appeals  shall  be  al- 
lowed to  be  taken  from  the  decision  of  any  Court  or  Jury  in 
this  district  to  the  District  Court  of  Mountain  County  imder 
th  provisional  Government — And  in  all  Cases  the  Appeal  bond 


ILLINOIS  CENTRAL  DISTRICT  225 

shall  be  given  witliin  three  days  after  trial  in  the  court  below, 
said  bond  to  be  approved  by  court  from  whence  the  appeal  is 
taken. 

Sec  10.  Be  it  further  enacted  That  no  Appeal  shall  be 
taken  from  a  decision  of  the  Miners  where  the  parties  by  agree- 
ment bring  their  suit  at  once  before  the  Miners  for  trial 

Sec  11.  Be  it  further  enacted  That  nothing  herein  con- 
tained shall  prevent  the  Judge  of  Miners  Court  from  holding 
Court  at  any  time  that  he  may  deem  it  necessary 

Sec  12.  Be  it  further  enacted — That  Jury  fees  shall  be 
two  dollars  and  fifty  cents  per  day  at  the  regular  terms — and 
two  dollars  for  each  case  in  all  other  cases 

Sec.  13.  Be  it  further  enacted  That  the  Judge  of  Miners 
Court  shall  not  be  required  to  summon  jurors  for  the  regular 
term  if  by  agTcement  of  the  parties  no  Jury  is  demanded — 

Sec  14.  Be  it  further  enacted  The  the  Justice  of  the 
peace  or  Judge  of  Miners'  court  constab[le]  and  Recorder  al- 
ready elected  in  this  district  shall  hold  their  offices  until  the 
first  Monday  of    .   .  .^ 

AME^^DMENTS  PASSED  JANUARY  24,  ISBl^ 

At  a  Meeting  of  the  citizens  of  Illinois  Central  District 
held  at  Missouri  City  Jan  10th  1861,  L  W  Borton,  A  Marsh  and 
Mark  A  Moore  were  appointed  a  committee  to  revise,  codify  and 
amend  the  law  of  said  District — and  to  report  the  same  to  a 
Meeting  to  be  held  at  Missouri  City  on  Thursday  Evening  Jan- 
uary 24th  1861 

In  pursuance  of  said  duties  the  Committee  report  the  fol- 
lowing Laws : 

Be  it  further  enacted  that  all  judgments  hereafter  ren- 
dered by  the  Miners  or  presidents  Court  of  111  Centrl  Dist.  shall 
be  a  lien  upon  all  real  estate  held  by  the  defendant  in  said  Dist. 
from  the  day  said  Judgment  or  decree  was  rendered — Passed. 

'  The  last  page  of  the  manuscript  is  missinp. 

^This  manusfript  was  found  amonfr  the  Sayre  Papers.  TIk-  iiiann- 
script  evidently  contains  the  amendments  suggested  by  the  committee.  The 
words  "passed"  and  "strieken  out,"  written  in  the  margin,  indicate  which 
sections  were  adopted  and  which  were  rejected. 


226  GILPIN  COUNTY  RECORDS 

Be  it  further  enacted  that  sendee  may  be  had  by  publica- 
tion, advertizing  30  days  in  a  weekly  paper,  upon  a  ITon-resi- 
dent  defendant  by  posting  three  copys  of  the  Summons  in  three 
of  the  most  public  places  in  said  district,  which  notices  must  be 
posted  at  least  ten  days,  and  copy  thereof  Sworn  to  by  the  Sher- 
iff, shall  be  filed,  with  the  papers  in  the  case — Passed. 

Be  it  further  enacted  that  the  next  regular  election  for  all 
the  officers  of  said  district  shall  be  held  on  the  first  Monday  of 
May  A  D  1861,  hereafter,  provided  that  said  new  officers  term 
shall  not  commence  until  after  the  expiration  of  the  term  of 
office  of  the  old  officers  under  the  laws  which  they  were  elected 
unless  a  vacancy  shall  sooner  occur  by  removal,  death,  or  resig- 
nation— Stricken  out. 

Be  it  further  enacted  that  10  days  shall  be  allowed  to  any 
party  to  take  an  appeal  from  the  pres.  or  Miners  Court  of  said 
Dist.  to  the  provisional  Dist  Court  of  Mountain  County 

Be  it  further  Enacted.  That  any  person  or  persons  who 
may  have  or  shall  hereafter  discover  a  Lode  on  any  Gulch  or 
patch  claim,  or  which  may  nm  through  any  Gulch  or  Patch 
Claims  the  discoverer  thereof  or  any  person  or  persons  who  may 
have  taken  claims  on  the  same,  shall  be  Entitled  to  the 
crevice  of  said  lode,  through  any  such  gulch  or  patch  claim,  pro- 
vided: the  owner  or  owners  of  such  gulch  or  patch  claims  shall 
be  entitled  to  their  said  claims  for  the  purposes  for  which  they 
may  have  been  taken  or  purchased.     Passed. 

Be  it  further  enacted  that  if  any  person  Shall  be  found 
guilty  of  stealing — taking  carrying  away  or  converting  to  his 
own  use  any  cord  wood,  house  logs  or  timber  of  any  kind  the 
property  of  another — upon  conviction  thereof  the  offender  shall 
be  deemed  guilty  of  Larceny  and  shall  be  publicly  whipped  as 
a  Jury  of  six  men  shall  direct.      [Stricken]  out. 

Be  it  further  enacted  that  all  Miners  Meetings  for  any 
purpose  whatever  be  and  is  hereby  abolished.      [Stricken]  out. 

Be  it  further  Enacted,  That  the  Recorders  fees  shall  be, 
for  all  Deeds  and  other  instruments  of  Writing  containing  one 
hundred  words,  one  dollar  and  for  each  additional  one  hundred 
words  fifty  cents — Passed. 


ILLINOIS  CENTRAL  DISTRICT  227 

Be  it  further  enacted  that  acts  inconsistent  with  the  law 
are  hereby  repealed.    Passed. 

Be  it  further  enacted  that  no  person  shall  be  disqualified 
as  a  witness  in  any  civil  action  or  proceeding  by  reason  of  his 
interest  in  the  event  of  the  same  as  a  party  or  otherwise  or  by 
reason  of  his  conviction  of  a  crime ;  but  such  interest  or  convic- 
tion may  be  shown  for  the  purpose  of  affecting  his  credibility — ■ 
Stricken  out. 

Be  it  further  enacted  that  if  any  person  or  persons  shall 
wish  to  take  an  appeal  from  the  decision  of  any  court  of  this 
District — such  person  or  persons  shall  within  ten  days  after 
such  decision  by  payment  of  cost  already  accrued  and  giving  a 
bond  with  good  and  sufficient  security  to  the  satisfaction  of  the 
court  for  cost  judgment  and  damages  that  may  accrue  be  enti- 
tled to  said  appeal — ^Passed. 

Be  it  further  enacted  that  all  cases  where  any  person  or 
persons  shall  purchase  property  at  sheriff  or  constable  sale  the 
said  purchaser  or  purchasers  thereof  shall  be  entitled  to  posses- 
sion within  30  days  of  the  property  so  purchased  Provided  the 
purchase  Money  is  paid  at  the  time  of  sale.     Passed. 

Be  it  further  Enacted,  That  in  all  Cases,  where  one  Lead 
crosses  another,  or  where  a  Lode  is  discovered  which  may  run 
into  another  Lode  the  person  or  persons,  owning  said  Lode  shall 
each  be  entitled  to  the  crevice  on  their  said  claims.  The  person 
having  prior  claim  shall  be  entitled  to  the  whole  crevice  on  his 
or  their  claim  or  claims  the  first  claimant  to  be  entitled  to  the 
whole  of  his  crevice.    Passed. 

Be  it  further  Enacted  That  officers  of  any  other  District 
except  111  Central  Dist.  shall  have  no  control,  power  or  juris- 
diction over  the  property  or  persons  of  this  district  except  in 
criminal  cases.     Passed. 

That  no  person  shall  be  qualified  to  testify  as  a  witness  in 
any  suit  in  this  district  who  have  been  convicted  of  any  crime 
or  who  ha.s  any  direct  legal  inten^t  in  the  event  of  the  Suit — • 
except  those  interested  are  called  upon  by  the  oposite  party. 
Passed.  Jan.  24,  1801 


228  GILPIN  COUNTY  RECORDS 


PROPOSED  LAWSi 

Article  16th  the  Justice  (or  President)  shall  be  entitled 
to  five  dollars  for  presiding  at  each  trial  and  making  out  the 
papers. 

Article  I7th  The  Jury  and  witnesses  shall  be  entitled  to 
two  dollars  and  a  half  each  pr  day 

Article  18th  The  defeated  party  in  each  suit  shall  be  li- 
able for  all  costs  of  the  suit  and  the  justice  (or  President)  shall 
issue  execution  for  the  same  which  shall  be  collected  from  any 
property  the  person  so  liable  may  have  except  tools  bedding 
clothing  and  necessary  provisions  for  three  months 

Article  19th  In  any  case  either  party  may  call  upon 
the  other  to  give  Security  for  costs  the  suit  shall  be  discharged 
if  plaintiff  or  defendant  fail  to  do  so 

Article  20th  All  fines  shall  be  paid  to  the  Justice  of  the 
pease 

Article  21st  All  Justice  of  the  pease  shall  give  bond  in  the 
sum  of  $100  for  the  faithful  performance  of  his  duty 

Article  22nd  Any  person  found  guilty  of  perjury  shall 
receive  not  more  than  fifty  nor  less  than  twelve  lashes  on  the 
bare  back 

Article  23rd  Any  person  found  guilty  of  pulling  up  de- 
fasing  or  altering  stakes  in  any  manner  whatever  or  destroying 
any  notices  shall  pay  a  fine  of  not  more  than  one  hundred  dol- 
lars nor  less  than  ten  dollars  or  in  default  thareon  shall  receive 
not  more  than  one  hundred  or  less  than  [ten  lashes  on  the  bare 
back]. 

Article  24th  Any  person  found  guilty  of  theft  Shall  re- 
ceive not  more  than  one  hundred  nor  less  than  ten  lashes  on  the 
bare  back 

Article  25th  Any  person  found  guilty  of  murder  shal  be 
hung  by  the  neck  until  dead  or  be  banished  frome  the  mins  and 
property  confiscated 

1  These  were  on  a  loose  sheet  in  Illinois  Central  District,  Book  I.  They 
appear  to  be  suggestions  to  be  proposed  for  adoption. 


ILLINOIS  CENTRAL  DISTRICT  229 

Article  26th  Any  person  fonnd  guilty  of  any  of  the  afore- 
said crimes  [shall]  be  banished  from  the  mins 

Article  27th  All  purchase  clames  shall  have  work  done 
upon  them  every  fifteen  days  or  othenvise  forfeit  their  interist 
in  said  clames  except  Lode  clames 

Article  28th  Watter  power  for  mills  purposes  and  other 
uses  shall  be  held  as  vested  rites  till  July  15th  A.D.  1861 

Article  29th  All  Lode  clames  shall  be  held  as  vested 
rights  until  July  15th  1861 

Article  30tli  any  company  owning  a  clame  or  claims 
when  joined  together  working  one  will  hold  all  the  others 

Article  31th  All  watter  powers  shall  be  300  feet  wide  by 
300  feet  long 


HAWK  EYE  DISTRICT 


LAWS  AND  MINUTES  OF  1860^ 

At  a  meeting  of  the  Citizens  &  members  of  the  fourth  Sec- 
tion of  the  Lake  Dist  held  on  the  31st  day  of  July  1860  W  H 
Backus  being  called  to  the  Chair  the  following  preambles  Eeso- 
lutions  &  Laws  were  adopted.  Whereas  we  the  Citizens  &  min- 
ers of  the  fourth  Section  of  the  Lake  District  Deem  it  for  our 
interest  to  withdraw  from  said  District 

Therefore  be  it  resolved  That  we  constitute  a  new  District 
under  the  name  and  Style  of  the  Hawk  Eye  District  the  bound- 
aries of  which  shall  be  as  follows  the  Southern  boundary  shall 
be  the  same  as  the  Present  Northern  Boundary  of  the  third  sec- 
tion of  the  Lake  District  the  Eastern  Boundary  shall  be  the 
Summit  of  the  Mountains  on  the  Eastern  side  of  the  Missouri 
Gulch  the  Northern  boundary  shall  be  the  Present  Southern 
boundary  of  the  Central  Mining  Dist,  the  western  boundary 
shall  be  the  Summit  of  the  first  Mountain  North  of  Iowa  Moun- 
tain 

Laws  Adopted  by  the  Citizens  and  Miners  of  the 
Hawk  Eye  District 

Section  1st  Officers 
There  shall  be  one  officer  in  the  district,  to  wit,  a  Recorder 
who  shall  be  elected  by  the  qualified  Electors  of  the  District  & 
who  shall  hold  his  office  for  three  months  after  his  election  or 
until  his  Successor  shall  have  been  Elected  &  Qualified 

Section  2nd     Duties  of  Recorder 
It  shall  be  the  duty  of  the  recorder  to  record  all  claims  pre- 
sented to  him  for  that  purpose  &  on  application  of  five  of  the 
legal  voters  of  the  Dist  It  shall  be  his  duty  to  call  a  meeting 
of  the  Citizens  to  take  in  consideration  any  matter  of  import- 

^Hawk  Eye  District.  Book  A,  1860-1861.  A  copy  of  these  laws  and 
minutes  of  1860  was  also  found  in  a  book  without  cover  or  name. 

230 


HAWK  EYE  DISTRICT  231 

ance  to  the  Community  first  giving-  seven  days  notice  of  such 
meeting  It  shall  also  be  his  duty  to  Keep  an  Office  within  the 
District  &  to  keep  his  record  books  at  all  times  open  to  the  en- 
spection  of  the  public  It  should  also  be  his  duty  to  keep  the 
papers  &  public  monies  of  the  District  subject  to  the  order  of  the 
people  at  a  regular  called  meeting 

Section  3rd    Fees  of  the  Recorder 
The  Recorder  shall  be  allowed  to  Char[g]e  50  cents  for 
each  claim  recorded  by  him  in  said  district 

Section  4th  Rules  in  regard  to  Claims 
Any  person  may  hold  one  or  more  Claims  in  the  district 
by  right  of  purchase  But  no  person  shall  have  the  right  to  Pre- 
empt more  than  One  Gulch  Claim  except  by  right  of  discovery 
should  any  person  discover  new  digings  he  shall  be  entitled  to  a 
record  Claim  by  right  of  discovery  &  further  he  shall  have  the 
right  to  select  his  two  claims  previous  to  any  other  person  claim- 
ing provided  he  make  his  selection  within  twenty  four  hours 
after  discovery  any  person  holding  a  Gulch  Claim  m  this  dis- 
trict who  may  have  it  recorded  as  the  law  requires  will  not  be 
required  to  do  any  work  on  it  previous  to  July  1860  in  order  to 
hold  it  the  boundaries  of  Gulch  Claims  may  be  one  hundred 
feet  up  and  down  the  Gulch  &  from  bluff  to  bluff  &  ten  feet  on 
each  side  Companies  in  Said  district  shall  be  considered  to  have 
the  right  to  hold  One  hundred  feet  for  each  Person  in  the  Com- 
pany 

Section  5.  Rules  in  regard  to  Quartz  Claims 
Any  Person  who  may  discover  a  lead  of  Quartz  Shall  be 
entitled  to  three  claims  of  One  hundred  feet  each  in  length  on 
said  Lode  &  shall  have  the  Preference  over  any  other  person  in 
Selecting  his  claims  provided  he  has  found  the  crevice  &  no 
other  person  shall  have  the  right  to  hold  more  than  one  claim  on 
the  same  Lode  except  by  right  of  purchase  Any  person  working 
a  lode  which  crosses  a  Lode  Previously  discovered  shall  not 
claim  within  ten  feet  of  the  old  lead  any  person  will  only  bo 
required  to  Record  Number  of  his  claim  commencing  at  the  dis- 
covery claim  the  first  to  be  No.  ( 1 )  one  and  numbered  each  way. 


232  GILPIN  COUNTY  RECORDS 

Section  6tb  Mill  Claims 

Any  person  may  have  the  right  to  erect  Mills  in  this  dis- 
trict but  wll  be  held  accountable  for  any  damage  done  to  any 
mining  claim  in  the  district  caused  by  erection  of  such  mill  pro- 
vided the  mining  claim  was  taken  previous  to  the  Mill  claim 
No  mill  claim  shall  exceed  two  hundred  &  fifty  feet  up  &  down 
the  Gulch  &  from  bluff  to  bluff  &  fifty  feet  up  the  bar  of  the 
Mountain  on  each  side  any  timber  which  may  be  growing  on  any 
Mill  Claim  be  considered  to  belong  to  the  owner  of  that  Claim 
unless  it  should  be  required  for  mining  purposes  any  person 
holding  Mill  Claims  &  ha\dng  them  recorded  as  the  law  directs 
will  be  entitled  to  hold  them  until  the  first  day  of  August  1861 
without  improvement 

The  Laws  were  unanimously  adopted  &  A.  F.  Stewart 
elected  recorder  all  Claims  now  staked  hold  good  for  thirty  days 
with  recording  Resolved  that  the  Recorder  give  notice  to  all 
adjoining  districts  of  the  preceedings  of  this  Meeting. 

Laws  Passed  I^ovember  17th  1860 

Resolved  that  all  persons  that  hold  Clames  by  preemption 
in  said  Hawkeye  District  for  mining  and  all  other  purposes 
shall  represent  them  Personally  and  also  sign  his  name  on  A 
book  kept  by  the  Recorder  for  that  purpose  in  each  and  every 
year  on  same  day  being  the  month  of  August  September  or  Oc- 
tober if  any  person  or  Persons  neglect  to  comply  with  the  above 
Law  his  claims  shall  be  jumpable  by  any  person  who  may  see 
fit  to  jump  them 

Resolved  all  person  or  persons  take  up  Claims  by  Preemp- 
tion Shall  have  them  put  on  Record  in  said  Hawkeye  District 
to  make  his  right  valid  except  where  they  are  worked  on  right 
Along  or  every  or  every  other  day 

Resolved  that  all  differance  that  may  come  up  between  two 
or  more  persons  shall  be  settled  in  said  Hawkeye  District  except 
whare  both  parties  Can  agree  to  have  settled  in  some  other  Dis- 
trict, by  a  Miners  Meeting  or  a  Jury  of  twelve. 


HAWK  FA'E  DISTRICT  233 

LAWS  OF  1861^ 

At  a  meeting  of  the  miners  and  citizens  held  on  Aprile 
27th  A  D  1861  the  following  Laws  were  Adopted 

Officers 

Thare  shall  be  one  President,  one  SheriflF  and  one  Re- 
corder, who  shall  be  elected  anually  on  the  last  Saturday  in 
Aprile  by  the  legal  voters  of  the  District  and  hold  their  respec- 
tive offices  nntil  their  successors  are  elected  and  qualified ;  each 
of  whom  shall  take  an  oath  to  faithfully  and  impartially  to  per- 
form thair  respective  duties  according  to  law  and  the  best  of 
their  ability ;  and  each  shall  have  power  to  appoint  one  or  more 
Deputy  es 

Elections 

The  Recorder  and  Sheriff  together  with  three  other  elec- 
tors shall  compose  the  Election  Board  each  of  whom  shall  take 
an  oath  that  they  will  studiously  endevor  to  prevent  all  fraud 
and  deceit  in  conducting  the  same.  But  if  the  Recorder  or 
Sheriff  should  be  a  candidate  or  fail  to  attend,  the  voters  pres- 
ent shall  fill  their  vacancies  by  other  voters ;  two  of  whom  shall 
be  clerks,  and  the  other  three  judges  of  said  election.  If  there 
shall  be  any  vote  challenged  by  any  elector  either  of  the  clerks 
or  judges  may  administer  any  oath  necessary  to  determin  the 
right  of  said  vote.  Polles  are  to  be  opened  at  nine  o'clock  A.  M. 
and  close  at  sic  o'clock  P.  M.  At  the  close  of  the  polles  the 
clerks  and  judges  shall  canvas  the  votes  and  the  persons  receiv- 
ing the  highest  number  of  votes  for  the  respective  offices  shall 
be  declared  duly  elected  and  said  Board  shall  issue  certificates 
of  election  to  the  several  oficers  according  to  their  respective 
offices 

Voters 

Any  white  person  who  has  attained  the  age  of  sixteen  years 
and  in  the  District  shall  be  entitled  to  a  vote  at  all  meetings  and 
elections.  At  all  elections  for  officers  the  vote  shall  be  by  ballot, 
and  at  all  meetings  as  the  President  may  direct 

'  Hawk  Eye  District,  Law. 


234  GILPIN  COUNTY  RECORDS 

Sheriff 

There  shall  be  elected  by  the  qualified  voters  of  this  Dis^ 
trict  a  Sheriff  who  shall  hold  his  office  until  the  next  anuel  elec- 
tion and  until  his  Successor  is  elected  and  qualified  whose  duty 
it  shall  be  to  serve  all  processes  issued  by  the  Court ;  and  before 
entering  upon  the  duties  of  said  office,  he  shall  give  bond  with 
good  and  sufficient  security  to  the  acceptance  of  the  Court,  for 
the  faithful  discharge  of  said  duties 

He  shall  be  conservator  of  the  peace ;  and  take  an  oath  that 
he  will  faithfully  discharge  all  and  singular  the  duties  pertain- 
ing to  said  office 

Vacancies 

Any  officer  resigning  or  removing  from  the  District  shall 
be  required  to  deposit  all  the  Books,  papers,  money,  etc.,  belong- 
ing to  the  District  or  pertaining  to  his  office  Avith  the  remaining 
officer  or  officers  of  the  District,  which  officer  or  officers  shall 
immediately  call  an  election  to  fill  such  court's  vacancy. 

Courts 
The  President  shall  be  the  Judge  of  the  Miners  Court  of 
the  District,  and  any  person  having  any  cause  of  action  shall 
file  with  the  President  the  cause  of  complaint  writen  in  plain 
English  language  and  a  prayer  that  the  adverce  party  may  be 
summoned  to  appear  and  answer  to  said  complaint  and  if  the  de- 
fendant appears  he  shall  file  his  answer  in  writing  as  above 
stated  whereupon  the  Judge  shall  summon  the  defendant  to  ap- 
pear at  a  given  time  and  place  mentioned  in  said  summons  which 
shall  not  exceed  ten  days  from  the  issue  of  said  summons.  And 
if  the  defendant  fails  to  appear  the  Judge  may  proceed  to  try 
the  cause  and  render  judgement  according  to  law  and  evidence; 
and  if  the  parties  appear,  they  may  submit  their  cause  to  the 
Court  or  three  arbitrators  one  of  whome  shall  be  chosen  by  the 
parties  respectively  and  if  the  parties  or  their  referees  cannot 
agree  upon  the  third  arbitrator  the  Judge  shall  appoin  the  third 
referee  and  when  the  parties  so  submit  their  case  to  referees  as 
aforesaid  the  decision  or  award  shall  be  final  and  the  Judge  shall 
proceed  to  enforce  said  award  as  upon  judgment  at  law.     If 


HAWK  EYE  DISTRICT  235 

either  party  shall  require  a  jurv  the  Judge  shall  write  the 
names  of  twelve  judicious  disinterested  electors  of  the  District 
and  each  party  may  strike  from  said  list  alternately,  beginning 
with  the  plaintiff  one  name  until  only  six  remains  and  the 
Judge  shall  issue  his  venire  for  a  jury  of  the  aforesaid  six,  and 
when  assembled,  each  party  shall  be  entitled  to  one  peremptory 
challenge  and  also  a  challenge  for  good  cause  showen  by  the 
testimony  of  the  jurors  or  other  disinterested  person  and  the 
Sheriff  shall  fill  the  pannel  with  talismen  for  all  vacancies  that 
may  happen  by  reason  of  non  attendance  or  challenging  of  said 
jurors.  All  juries  shall  be  sworn  by  the  Judge  to  try  all  causes 
according  to  law  and  evidence.  Either  party  may  have  an 
adjournment  not  exceeding  ten  days  upon  proper  cause  shown 
under  oath.  Cost  in  all  cases,  shall  be  taxed  as  the  referees, 
Court  or  jury  trying  the  same  may  direct.  Either  party  may  have 
a  right  to  an  appeal  from  the  de[ci]sion  of  the  Court  or  jury 
of  six  if  he  gives  notice  of  appeal  at  the  rendition  of  the  judg- 
ment or  verdict  and  pay  all  costs  within  five  days  from  the  ren- 
dition of  the  judgment  or  virdict.  And  when  an  appeal  is  so 
taken  the  Judge  shall  write  the  names  of  twenty-four  good  dis- 
interested voters  of  the  District  as  in  the  aforesaid  jury  list 
from  w^hich  each  party  shall  strike  therefrom  as  in  the  jury 
of  six  only  twelve  remains  and  proceed  in  all  respects  the  same 
as  in  the  aforesaid  jury  of  six  and  the  decision  of  the  said  jury 
of  twelve  or  a  miners  meeting  shall  be  final,  and  the  judge  shall 
proceed  to  final  judgment  and  award  execution  according  to 
law 

All  legal  claims  whether  in  law  or  equity  shall  be  fairly 
tried  by  the  referees  Court  jury  or  Miners  Meeting  as  the  par- 
ties may  elect  and  judgement  shall  be  rendered  by  the  Court 
accordingly,  upon  which  said  judgement  the  party  recovering 
shall  be  entitled  to  interest  at  the  rate  of  ten  per  cent  per  annum 
from  the  date  thereof  until  paid  and  the  Court  shall  proceed 
to  issue  execution  thereon  for  the  amount  found  due  with  inter- 
ests and  legal  costs,  but  any  rate  of  interest  agreed  upon  in  writ- 
ing between  the  parties  shall  be  lawful 

The  Judge  of  the  Miners  Court  shall  keep  a  docket  of  all 


236  GILPIN  COUNTY  RECORDS 

proceedings  had  before  him;  Shall  be  allowed  two  dollars  and 
fifty  cents  per  day  for  presiding  at  each  trial  (  and  when  the  Re- 
corder shall  preside  in  his  stead,  he  shall  be  entitled  to  a  like 
sum;)  Shall  be  allowed  twenty  cents  per  hundred  words  for 
making  out  all  necessary  papers  except  writs  of  original  service 
and  executions,  for  each  of  which  he  shall  be  allowed  fifty  cents ; 
for  rendering  judgement,  fifty  cents  and  making  up  docket 
twenty  cents  per  hundred  words ;  for  each  transcript  duly  certi- 
fied twenty  cents  for  each  hundred  words.  The  Judge  Recorder 
and  Sheriff  are  hereby  empowered  to  administer  all  oaths  and 
perform  all  other  duties  pertaining  to  their  respective  offices, 
and  which  are  required  by  law 

ISTotice  of  Election  and  Meetings 
It  shall  be  the  duty  of  the  President  to  give  at  least  ten 
days  notice  of  the  time  and  place  of  holding  any  election  of  offi- 
cers of  the  District,  naming  the  officers  to  be  elected,  and  shall 
call  a  meeting  of  the  miners  upon  the  application  in  writing  of 
five  legal  voters  of  said  District,  stating  the  object  for  which 
such  meeting  is  called  and  he  shall  preside  at  all  meetings  and 
perform  all  other  duties  pertaining  to  his  said  office. 

Deputies 
The  President  shall  have  power  to  deputize  any  one  or 
more  of  the  miners  to  serve  papers  &c.,  that  he  may  deem 
proper,  and  any  person  so  deputized  shall  proceed  to  discharge 
the  duties  required  of  him  by  law  upon  the  commencement  of 
any  suit,  the  Judge  may  at  his  discrition  require  the  plaintiff 
to  deposite  money  or  give  security  for  all  cost  that  may  occur 

Judgment  and  Execution 
A  judgement  shall  be  a  lien  upon  all  property  of  the  de- 
fendant from  the  time  of  its  being  rendred  and  the  Judge  shall 
issue  execution  forthith  upon  Judgements  including  interests 
and  cost  which  shall  be  made  returnable  ten  days  after  the  date 
thereof  and  the  Sheriff  shall  give  public  notice  of  the  time  and 
place  of  sale  of  all  property  levied  upon  by  him,  which  shall  be 
by  writen  advertisements  posted  in  three  public  places  in  the 


HAWK  EYE  DISTRICT  237 

District  at  least  six  days  before  the  sale  thereof,  and  all  such 
property  shall  be  sold  to  the  highest  bidder  at  public  outcry  to 
satisfy  the  execution  and  accuring  cost.  But  if  the  said  prop- 
erty cannot  be  sold  for  want  of  bidders  unless  at  great  sacrifice 
or  if  the  plaintiff  order  him  so  to  do  the  officer  having  charge 
of  the  sale  may  adjourn  said  sale  any  length  of  time  not  exceed- 
ing ten  days.  In  all  cases  of  real  estate  sold  upon  execution 
the  defendant  shall  have  the  priviledge  of  paying  the  principal, 
interest  and  costs  with  ten  per  cent,  interest  per  annum  thereon 
and  said  property  shall  revert  to  said  defendant  or  his  legal  rep- 
resentatives the  same  as  if  such  sale  had  not  been  made  and  the 
officer  selling  any  real  estate  as  aforesaid  shall  not  execute  a  deed 
to  the  purchaser  thereof  until  after  the  expiration  of  thirty  days. 
Common  wearing  apparel  bedding  twenty  dollars  worth  of  tools 
and  three  months  provision  shall  be  exempt  from  execution 

Probate 
The  Judge  and  Recorder  shall  have  power  to  choose  a  third 
person  and  have  probate  jurisdiction  of  a  deceased  person  if 
said  deceased  had  no  relatives  within  the  knowledge  of  said  off- 
ers, but  if  the  deceased  has  relatives  or  creditors  in  the  District 
they  may  apply  and  take  out  letters  of  administration  by  com- 
plying with  such  rules  as  the  President  may  adopt,  and  property 
shall  be  disposed  of  by  the  Court  or  administrator  to  the  best  ad- 
vantage to  the  creditors  and  heirs  of  the  deceased  and  the  pro- 
ceeds paid  over  to  the  proper  persons  entitled  thereto  according 
to  direction  of  the  President. 

Lawyers 
No  practicing  lawyer,  or  any  other  person  having  been  ad- 
mitted as  such  in  any  State  or  Territory  shall  be  permitted  to 
appear  in  any  cause  pending  in  this  District  as  attorney  or 
agent  of  any  person  except  he  himself  is  a  legal  party  to  said 
suit;  and  if  a  lawyer  should  be  a  legal  party  to  any  suit;  the 
oposite  party  may  also  employ  council  in  his  if  he  chooses  so  to 
do,  but  in  all  other  cases  lawyers  shall  not  bo  admitted 


238  GILPIN  COUNTY  RECORDS 

Outside  Debts 
'No  debts  or  demand  of  any  kind  shall  be  collected  by  suit 
in  this  District,  which  has  not  originated  either  in  coming  to 
this  mining  region  or  since  the  arival  of  such  debtor  therein 

Duties  of  Recorder,  &c. 

It  shall  be  the  duty  of  the  Recorder  safely  to  keep  the  books 
and  records  of  the  District  and  to  file  and  record  all  proper 
papers  upon  payment  of  his  fees,  and  to  act  as  Secretary  at  all 
public  meetings  of  the  District,  The  books  of  records  shall  al- 
ways be  open  to  the  inspection  of  all  persons,  never  to  be  taken 
from  the  posession  of  the  Recorder,  All  persons  shall  be  en- 
titled to  coppy  any  record  at  any  time,  and  the  Recorder  shall 
deliver  over  all  Books  and  records  to  his  successors  in  office.  In 
case  of  absence  interest  or  inability  of  the  President  the  said 
Recorder  may  act  in  all  cases  in  his  stead.  He  shall  be  entitled 
to  fifty  cents  for  each  deed  mortgage  or  bill  of  sale  or  other 
writing  necessary  to  be  recorded  containing  one  hundred  and 
fifty  or  a  less  number  of  words,  and  for  every  hundred  words 
or  fraction  thereafter  in  addition  twenty  five  cents. 

In  all  cases  fees  must  be  paid  in  advance.  Each  deed  mort- 
gage or  bill  of  sale  shall  be  witnessed  by  two  witnesses.  No 
transfer  of  any  claim  of  any  kind  shall  be  valid  unless  the  fees 
are  paid  for  all  original  records  heretofore  made  in  regard  to 
said  claim. 

All  certificates  of  claims  of  any  description  remaining  in 
the  Recorders  office,  upon  which  the  fees  are  not  paid  on  or  be- 
fore the  first  day  of  July  next  shall  be  advertised  to  be  sold 
stating  the  time  and  place  of  Sale,  the  number  and  kind  of 
claim  which  shall  be  sold  by  said  Recorder  at  public  sale  to  the 
highest  bidder  after  giving  ten  days  notice  and  if  said  claim 
shall  sell  for  a  greater  amount  than  will  pay  the  Recorders  fees 
all  over  plus  shall  go  into  the  District  tresury  for  the  use  of  the 
District.  The  purchaser  at  said  sale  shall  acquire  a  valid  title 
therefore  by  the  Recorder  certifying  on  the  back  of  said  certifi- 
cate a  transfer  by  said  sale,  for  which  the  Recorder  may  receive 


HAWK  EYE  DISTRICT  239 

twenty  five  cents  from  the  purchaser  in  adition  to  the  amount 
bid  for  said  claim 

Writs  of  Attachment 
Upon  the  application  of  any  person  holding  a  legal  claim 
against  a  non-resident  debtor  about  to  abscond  or  move  out  of 
the  jurisdiction  of  the  Court  or  about  conveying  or  concealing 
his  property  to  the  injury  of  his  creditors  or  secreting  himself 
within  the  District  so  that  legal  service  cannot  be  had  or  fraudu- 
lently conveying  or  concealing  his  property  to  defraud  his  credit- 
ors upon  filing  an  affidavit  setting  forth  any  of  the  aforesaid 
facts  and  the  amount  and  nature  of  his  claim  and  paying  or 
securing  the  costs  as  the  Court  direct,  the  Judge  shall  issue  a 
writ  of  attachment  to  attach  all  the  goods  and  chatties  lands  and 
tenements  monies  credits  and  effects  of  the  debtor  within  the 
District.  Notice  of  the  issue  of  said  writ  shall  be  given  by  the 
plaintiff  by  posting  up  written  advertisements  in  five  conspic- 
ious  places  in  said  District,  within  twenty  four  hours  after  the 
issue  of  said  writ,  Stating  the  time  and  place  whare  said  cause 
will  be  tried,  which  shall  be  not  less  than  nor  more  than  ten 
days  from  the  issue  of  said  writ  and  if  the  defendant  or  his  legal 
agent  appears  he  shall  have  a  fair  trial  and  if  he  fails  to  appear 
the  Court  shall  proceed  to  hear  and  determin  the  cause  accord- 
ing to  law  and  the  equity  of  the  case  and  render  judgement  and 
award  execution  as  in  other  cases  and  the  property  attached  by 
the  officer  shall  remain  in  possession  of  said  officer  until  the  final 
termination  of  said  suit  and  be  sold  as  other  property  of  the 
same  nature  upon  the  execution  issued  upon  such  judgement, 
But  if  the  defendent  is  a  resident  of  the  District  he  shall  be 
served  with  a  personal  notice 

Garnishee 
Garnishee  process  may  issue  as  part  of  the  original  writ 
to  be  served  on  both  defendant  and  garnishee  where  the  defend- 
ant is  a  resident  or  separately  as  the  nature  of  the  case  may  re- 
quire ;  or  it  may  issue  after  execution  is  returned  unsatisfied ; 
and  in  either  case,  if  the  garnishee  shall  pay  tlio  demand  over  to 
the  defendant  after  legal  notice,  he  shall  still  he  liold  liable  to 


240  GILPIN  COUNTY  RECORDS 

the  amount  of  the  plaintiffs  judgement  and  costs  if  he  was  in- 
debted to  that  amount  when  service  was  made  and  if  in  a  smaller 
sum  the  amount  he  was  indebted  at  the  time  notice  was  served 

Writ  of  Replevin 

Any  person  being  in  possession  of  personal  property  of 
another  the  opposite  party  may  file  with  the  Judge  of  the  Court 
an  affidavit  setting  forth  the  name  of  the  defendant  or  defend- 
ants with  a  description  of  the  property  claimed  and  that  he  is 
justly  entitled  to  the  possession  thereof  and  that  said  defendant 
or  defendants  refuse  upon  demand  thereof  to  give  it  up  and 
upon  said  plaintiff  paying  or  securing  costs  to  the  satisfaction 
of  the  Court  the  Court  shall  issue  a  writ  of  replevin  for  said 
property,  and  a  summons  for  the  defendant  or  defendants  to 
appear  before  him  at  a  time  and  place  in  said  summons  men- 
tioned to  answer  unto  said  plaintiff  for  the  unlawful  detention 
of  said  property ;  and  the  officer  to  whom  said  writ  is  delivered 
shall  take  possession  of  the  same  and  notify  the  defendant  or  de- 
fendants to  appear  before  the  Court  at  the  time  and  place  men- 
tioned in  said  writ  to  answer  unto  said  plaintiff  for  the  unlaw- 
f ull  detention  thereof ;  and  if  the  Plaintiff  file  a  bond,  with  se- 
curity to  the  satisfaction  of  the  defendant  or  defendants  or  the 
Court,  within  twenty  four  hours  from  the  service  of  said  writ, 
said  property  shall  be  delivered  to  the  plaintiff  and  if  he  fail 
so  to  do,  the  property  shall  be  returned  to  the  defendant  or  de- 
fendants and  the  plaintiff  and  his  securities  shall  be  liable  on 
their  bond  for  all  costs  and  damages,  to  be  assessed  forthwith 
by  the  Court  or  jury  as  the  parties  may  elect ;  and  if  it  appear, 
upon  the  trial  of  the  cause,  which  may  be  had  as  in  other  civil 
cases,  that  the  right  of  possession  is  in  the  plaintiff  then  the 
Court  shall  render  judgement  aganst  the  defendant  or  defend- 
ants for  damages  and  costs  accuring  to  the  award  judgement 
or  verdic  as  the  case  may  require  and  issue  execution  as  in  other 
civil  cases 

Ejectment . 

Any  person  being  in  possession  of  real  estate  claimed  by 
another  the  claimant  may  institute  his  suit  of  ejectment,  which 


HAWK  EYE  DISTRICT  241 

shall  be  proceeded  in  as  in  other  civil  cases  and  decided  accord- 
ing to  Law  and  the  equity  of  the  case  and  if  the  claimant  sus- 
tain his  action  the  defendant  shall  be  removed,  by  order  of  the 
Court,  within  five  days  from  the  trial  of  the  cause  and  pay  all 
costs ;  and,  in  default  thereof  the  Judge  shall  issue  a  writ  of 
possession  or  execution  as  the  nature  of  the  case  may  require, 
If  the  plaintiff  fail  to  establish  his  claim,  he  shall  be  liable  to 
the  defendant  for  all  costs  and  damages  to  be  determined  as  in 
other  civil  cases 

Liens 
Any  persoli  performing  labor  or  furnishing  material  for 
any  building  claim  or  other  kind  of  work  at  the  request  of  the 
o^^^ler  or  agent  thereof,  shall  be  entitled  to  a  lien  upon  the  same 
for  the  amount  of  such  labor  performed,  or  material  furnished, 
provided  said  lien  is  filed  and  recorded  within  thirty  days  from 
the  time  said  labor  was  performed  or  material  furnished,  and 
all  conflicting  liens  shall  have  priority  according  to  their  re- 
spective origin  if  filed  and  recorded  as  aforesaid 

Sunday 
The  officers  of  this  District  shall  not  be  compelled  to  per- 
form any  civil  business  on  Sunday 

Public  Highways 

Any  person  obstructing  any  public  road  or  pasway  to  the 
hinderment  or  inconvenience  of  the  public,  shall  be  liable  to  any 
fine  that  may  be  assessed  against  him  or  them  by  the  Court  or 
jury,  together  with  costs  of  suit  and  moreover,  be  liable  to  a 
like  fine  for  every  twenty  four  hours  that  said  obstruction  shall 
remain 

Tunnel  Claims 

If  any  person  shall  locate  A  tunnel  claim  in  this  District, 
for  the  purpose  of  working  the  same,  he  shall  first  file  A  speci- 
fication of  the  same  with  the  Recorder,  whose  duty  it  shall  be 
to  record  the  same  upon  the  payment  of  his  fees.  Said  specifi- 
cation shall  state  the  commencement  and  the  termination  of  said 


242  GILPIN  COUNTY  RECORDS 

tunnel,  together  with  the  names  of  the  parties  interested  therein 
A  square  stake  shall  be  placed  at  its  mouth  having  written 
thereon  the  same  things  hereby  made  necessary  to  record,  Any 
person  or  persons,  engaged  in  working  A  tunnel  provided  he  or 
they  shall  comply  with  the  requirements  of  this  law — shall  be 
entitled  to  two  hundred  and  fifty  feet  on  each  side  of  the  center 
of  said  tunnel  of  all  lodes  that  they  are  the  original  discovery 
of,  and  also  fifty  feet  on  each  side  of  the  center  line  of  said 
tunnel  of  all  lodes  discovered  by  other  persons  after  the  com- 
mencement of  said  tunnel;  and  said  hundred  feet  last  men- 
tioned shall  belong  to  the  owners  of  said  tunnel  claim,  so  soon 
as  said  tunnel  shall  be  worked  to  intersect  said  lode ;  and  such 
part  of  lodes  as  said  tunnel  owmers  are  entitled  to  by  this  law, 
shall  be  held  as  discovery  claims.  The  line  of  all  tunnel  claimes 
shall  be  surveyed  and  plainly  staked  or  marked  from  the  com- 
mencement to  the  termination  thereof  prior  to  the  commence- 
ment of  the  work,  every  tunnel  company  shall  be  required  to 
commence  work  within  thirty  days  from  the  time  thair  claim 
was  recorded  and  shall  do  at  least  three  months  labor  for  one  la- 
bourer in  each  six  months  or  they  shall  forfeit  their  claim  to 
said  tunnel,  but  not  to  the  claims  they  have  discovered  and  hold 
by  virtue  of  discovery,  before  the  time  of  said  forfeiture.  Tun- 
nel claims  shall  have  only  the  right  of  way  across  all  lodes  that 
may  lie  in  the  course  of  said  tunnel  that  is  recorded  according 
to  law. 

Towns  and  Villages 

Any  person  or  persons  laying  out  a  village  town  or  city  in 
this  District,  he  or  they  shall  be  entitled  to  every  tenth  lot,  and 
shall  erect  some  prominent  monument  as  a  starting  point  and 
file  with  the  Recorder  a  plat  of  said  village  town  or  city  within 
fifteen  days  giving  a  full  description  of  the  starting  point,  the 
course  and  wedth  of  streets  size  of  block  and  lots  and  numbers 
of  each  and  all  other  things  necessary  for  the  location  of  said 
village  town  or  city  and  the  Recorder  shall  record  the  same  upon 
payment  of  his  fees 

Claims 

All  claims  made  on  lodes  by  Discovery  shall  be  two  hun- 


HAWK  EYE  DISTRICT  243 

dred  feet  by  fifty  wide  a  preemption  claim  one  hundred  feet  by 
fifty  wide,  Measurement  in  all  cases  shall  be  horizontal.  Gulch 
claims  shall  be  one  hundred  feet  up  or  down  the  Gulch,  extend- 
ing from  bank  to  bank.  Patch  claims  shall  be  one  hundred  feet 
square,  Discovery  claims  shall  be  staked  and  marked  as  such. 
All  legal  claims  shall  be  held  as  vested  rigts  by  representing 
once  a  year  in  person  by  signing  their  names  on  a  book  kept  by 
tbe  recorder  for  that  purpose  in  the  months  of  August  Sep- 
tember &  October,  Any  person  shall  be  entitled  to  hold  one 
mill  site  one  gulch  claim  on  each  gulch  one  patch  claim  one 
building  lot  and  one  village  town  or  city  lot  one  lode  claim  on 
each  lode  and  one  tunnel  claim  by  preemption  Filing  claims 
shall  be  free  and  hold  good  for  ten  days 

Xo  claims  shall  be  valid  if  taken  by  a  person  not  residing 
in  the  vicinity  of  the  Rocky  Mountains.  Xo  lode  shall  be  re- 
corded unless  the  lode  or  crevice  is  exposed  by  actual  work  The 
discoverer  may  have  sixty  days  to  open  and  prove  the  lode  and 
file  for  recording,  and  no  lode  claim  as  a  preemption  shall  be 
valid  until  the  discovery  claim  is  filed  and  a  name  given  to  said 
lode.  Mill  claims  shall  be  two  hundred  and  fifty  feet  up  and 
down  the  gulch  and  from  bank  to  bank  and  fifty  feet  up  each 
bank  all  timber  on  said  mill  claims  shall  belong  to  said  mill 
claims 

Timber 

All  timber  on  quartz  claims  shall  belong  to  the  owners  of 
the  claims  and  where  lodes  run  near  each  other,  the  timber  shall 
be  equally  divided  between  the  respective  owners;  and  timber 
on  all  other  claims  shall  belong  to  the  owners  thereof 

Water  Companies 
When  water  companies  are  engaged  in  bringing  water  into 
any  portion  of  the  mines  they  shall  have  the  right  of  way  se- 
cured to  them,  and  may  pass  over  any  claim  rode  or  ditch,  but 
shall  so  guard  themselves  in  passing  as  not  to  injur  the  party 
over  which  ground  they  pass 


244  GILPIN  COUNTY  RECORDS 

Sheriff's  Fees 
The  sheriff  shall  receive  far  his  service  the  following  fees 
to  wit 

Surving  summons  for  each  person  therein  named         $  .25 

Writ  of  Mandams  .50 

Supoena  for  each  person  therein  named  -12^ 

Serving  writs  of  Attachment  .75 

Replevin  .75 

Order  or  notice  of  Court  .25 

Executing  order  of  Arrest  .25 

Taking  each  bond  .25 
All  copies  necessary  to  complete  the  service  for  each  hun- 
dred  words   or   fraction   over   or  less   number   of 

words  .10 

Summoning  each  Juror  .25 

Talesman  .071/2 

Service  in  criminal  cases  .50 

Attending  Prisoner  before  court  or  jury  .50 

For  each  mile  travel  computed  each  way  .05 

Appraisement  of  property  .75 

Advertising  Property  for  Sale  besides  actual  Expences  .75 

Levying  Execution  .50 

Selling  Property  on  Execution  or  order  of  sale  .50 
Making  Deed  for  Property  sold  upon  Execution  1.50 
Attending  court  per  day  1.00 
Bringing  up  Prisoners  on  writ  of  habes  corpus  besides 

actual  expence  .75 
For  all  sums  made  by  sale  on  executions  or  order  of  sale, 

not  exceeding  five  hundred  dollars  21/0  per  cent 
On  all  sums  over  five  hundred  dollars  one  per  cent 
If  made  without  sale,  on  all  sums  under  five  hundred 

dollars  11^  per  cent  and  over  five  hundred  dollars  , 
21/2  per  cent 
All  fees  not  enumerated  to  be  in  proportion  to  those 

enumerated 
Witness  and  Jurors  fees  per  day  2.50 


HAWK  EYE  DISTRICT  245 

New  Lodes 
Owners  of  newlv  discovered  lodes  running  parallel  and 
within  twenty  five  feet  of  a  previously  discovered  lode  shall  be 
entitled  to  work  the  same  and  occupy  one  half  of  the  surface 
between  the  two  crevices  for  wast  dirt  quartz  &c.  Hereafter 
no  lode  shall  be  recognized  as  crossing  a  gulch,  and  whosoever 
shall  discover  the  cource  and  prove  up  the  lode  on  the  opposite 
side  of  the  gulch,  shall  have  the  right  of  discovery,  as  the  law 
provides  and  shall  also  have  the  right  to  name  the  lode;  but 
lodes  staked  and  claimed  accross  a  gulch  or  an  extension  of  one 
already  discovered  on  the  opposite  side  shall  be  legal  provided 
they  do  not  interfere  with  lodes  or  claims  already  recorded  or 
being  Discovered 

Cross  Lodes 
Owners  of  cross  lodes  shall  have  the  right  to  work  their 
crevice  up  to  the  previously  discovered  lode  and  one  half  of  the 
surfice  for  wast  dirt  Quarts  &c. 

Murder 

Any  person  found  guilty  of  wilful  murder  shall  be  hanged 
by  the  neck  till  dead  and  then  given  to  his  friends  if  called  for 
and  if  not,  to  be  decently  buried,  and  all  other  crimes  not 
enumerated  in  these  laws  shall  be  punished  as  the  Court  or  jury 
of  men  may  direct 

Perjury  or  Theft 

Any  person  found  guilty  of  perjury  or  theft  shall  receive 
not  more  than  twenty  five  nor  less  than  ten  lashes  on  the  bare 
back,  and  banished  from  the  District  and  their  property  confis- 
cated to  pay  cost  of  prosecution  and  damage 

Setting  out  Fire 
Any  person  who  shall  wilfully,  maliciously  or  through  neg- 
lect set  out  any  fire  in  this  District,  or  so  that  it  comes  into 
this  District  and  destroy  any  tiinber  or  other  property  shall  be 
guilty  of  a  misdemeanor  and  on  conviction  thereof  shall  be  pun- 
ished as  the  Court  or  jury  may  direct  and  be  lia])le  to  all  parties 
injured  thereby 


246  GILPIN  COUNTY  RECORDS 

J^fuisances 

Every  act  of  commission  or  omission  which  may  affect  the 
public  helth  or  convenience  shall  be  regarded  as  a  nuisance  and 
the  person  or  persons  causing  the  same,  shall  be  liable  to  a  fine 
of  not  more  than  one  hundred  nor  less  than  five  dollars,  and  re- 
main so  liable  for  every  twenty  four  hours  that  the  same  may 
continue  to  be  determined  by  the  Court  or  jury  according  to  the 
agravated  nature  of  the  offence  and  it  shall  be  the  duty  of  the 
officer  of  the  district  to  see  that  this  Section  of  the  law  is  put 
in  force 

These  laws  shall  take  effect  from  and  after  their  adopting 
and  shall  not  be  altered  changed  or  amended  without  the  author- 
ity and  sanction  of  a  majority  of  the  legal  voters  of  the  District 
at  some  public  meeting  legally  called  for  that  purpos 

Boundary  Lines 
This  Hawk  Eye  District  on  the  South  line  crossing  the 
gulch  at  large  rock  on  the  East  side  of  the  Missouri  Gulch  thence 
runing  west  to  the  sumit  of  the  mountin  west,  thence  runing 
a  northerly  course  following  the  devide  between  Missouri  Gulch 
and  Silver  crick  until  striking  the  devide  between  the  head  of 
Missouri  Gulch  and  Gamble  Gulch  thence  following  the  Divide 
in  an  Easterly  Direction  between  Lump  Gulch  and  Missouri 
thence  runing  a  Southernly  direction  on  the  centre  of  the  divide 
between  the  East  and  west  forks  of  Missouri  Gulches  thence 
west  to  the  place  of  begining 


SOUTH  BOULDER  DISTRICT 


RESOLUTIOiS'S  OF  AUGUST  18,  1860^ 

Miners  Meeting  held  August  18,  1860,  South  Boulder 
District 

Resolved  that  the  miners  shall  have  the  privalege  to  premt 
on  each  or  aney  Load  Claim  in  this  District  one  Claim  the 
vote  past  unimaously 

Resolved  that  aney  man  having  a  Wife  Shall  have  the  priv- 
aledge  of  Staking  for  her  a  Claim  on  a  quarts  Load  witch  she 
may  hoald  as  real  astate  Likewise  one  yong  woman  over  18 
years  of  age  Shall  have  the  same  privalege  providing  they  Aply 
to  the  recorder  prior  to  the  15  of  July  1801  or  the  Claim  will 
bee  forfited    Resolutions  past 

LAWS  PASSED  MARCH  30,  1861^ 

Chapter  I. 
Boundaries  of  District. 
The  boundaries  of  South  Boulder  District  are  as  follows. 
Starting  at  a  point  where  the  dividing  line  between  S.  Boulder 
and  Phoenix  District  intersects  the  Western  line  of  Dead  Wood 
District-'^ — thence  running  Southerly  in  such  a  course  as  shall 
strike  the  head  of  Jefferson  C anion — Thence  South  Westerly 
on  the  divide  between  Moon  and  Gamble  Gulch,  to  the  mouth  of 
Lost  Creek  or,  the  South  Fork  of  Moon's  Gulch. — Thence  west- 
erly on  a  line  to  teraiinate  at  a  point  run  South  of  the  head  of 
the  Park  on  S.  Boulder  River  and  on  the  top  of  the  mountain 
South  thereof — Thence  IvTnrth  across  the  head  or  upper  end  of 
the  Park  and  thence  runing  Xorth  to  the  Summit  of  the  first 

*  These  resolutions  were  found  on  p.  3  of  an  unbound  record  of  South 
Boulder  District. 

'  Boulder  District,  Revised  Laws  .  .  .  passed  and  adopted  by  the 
Miners  March  30th.  1861. 

'  No  records  of  Deadwood  District  have  l)een  found. 

247 


248  GILPIN  COUNTY  RECORDS 

divide. — Thence  Easterly  to  the  head  of  South  Beaver  Creek — 
Thence  down  along  the  South  bank  of  South  Beaver  Creek 
within  one  hundred  and  fifty  feet  of  it,  to  the  place  of  begining. 

Chapter  11. — Officers. 
Sec.   I.     The  officers  of  this  District  shall  be  a  President, 
a  Justice  of  the  Peace,  a  Recorder  and  a  Sheriff. 

Chapter  III. — Duties  of  the  President. 

Sec.  II.  It  shall  be  the  duty  of  the  President  to  preside 
at  all  Legally  called  meetings  of  the  miners,  and  call  Special 
Meetings  by  posting  three  Notices  in  conspicuous  places  within 
the  District,  at  least  three  days  before  the  time  of  said  meeting, 
ivhen  a  petition  is  signied  and  presented  by  ten  Citizens  of  the 
District  specifying  the  particular  object  or,  objects  of  the  meet- 
ing, which  objects  must  be  distinctly  stated  in  the  notice. 

Sec.  III.  It  Shall  be  the  duty  of  the  President  to  preside 
in  the  Miner's  Court,  in  any  case  in  which  he  is  not  interested 
in  the  result  of  the  suit  or,  otherwise  disqualified.  In  such  a 
case,  it  shall  be  the  duty  of  the  Justice  of  the  Peace  to  preside 
unless  objected  to  by  the  parties  interested,  in  which  case,  it 
shall  be  the  duty  of  the  miners  to  appoint  or  elect,  a  presiding 
officer  to  try  the  case. 

Sec.  IV.  It  shall  be  the  duty  of  the  President  to  sign  all 
orders  on  the  Treasurer  for  money  legally  appropriated ;  and 
deeds  for  property  belonging  to  the  District,  which  the  miners 
of  the  District  may  authorize  to  be  sold,  and  also  to  have  the 
care  of  any  property  belonging  to  the  District,  except,  such  as 
it  is  the  special  duty  of  some  other  officer  to  protect.  It  shall 
be  his  duty  to  institue  suit  against  any  person  guilty  of  destroy- 
ing or  injuring  any  property  belonging  to  the  District,  or  com- 
mitting any  offence  recognized  in  the  law  as  a  misdemeanor, 
nuisance  or  crime,  and  to  appoint  a  suitable  person  to  conduct 
the  prosecution. 

Sec.  V.  It  shall  be  the  duty  of  the  President  to  appoint 
an  officer  Protem,  to  fill  any  vacancy  that  may  occur — until  the 
miners  shall  elect  another  to  fill  the  vacancy. 


SOUTH  BOULDER  DISTRICT  249 

Sec.  VI. — It  shall  be  the  diitj  of  the  President  to  keep  a 
Docket,  in  which  a  correct  record  of  all  the  proceedings  of  his 
court  shall  be  entered,  and  he  shall  file  and  safely  keep,  all  pa- 
pers connected  with  suits  tried  before  him. 

Sec.  VII.  The  President  shall  have  Probate  Jurisdiction 
Avithin  this  District  according  to  the  laws  of  Kansas. 

Duties  of  the  Justice  of  the  Peace. 

Sec.  VIII.  The  Justice  of  the  Peace  of  the  Miner's 
Court  shall  perform  the  duties  of  the  President  in  case  of  his 
absence  or  disability. 

Sec.  IX. — The  Miner's  or  Justice's  Court  shall  have  juris- 
diction over  all  civil  contracts,  made  in  this,  or  any  other  Dis- 
trict in  Colorado  Territory,  Provided,  the  parties  were  Citizens 
of  this  District  at  the  time  of  making  the  contract,  or  Provided, 
the  defendant  is  a  Citizen  of  the  District  at  the  time  of  the 
commencement  of  the  suit. 

Sec.  X. — It  shall  be  the  duty  of  the  Justice,  in  all  cases 
before  entering  suit,  to  require  a  Pond  with  good  and  sufficient 
security  for  the  payment  of  all  costs,  and  for  all  damages  in 
case  of  attachments  being  wrongfully  sued  out. 

Sec  XL — Xo  suit  shall  be  brought  in  the  Justice's  Court 
for  indebtedness  contracted  in  any  other  Territory  or  State,  ex- 
cept by  consent  of  all  the  parties  interested,  and  no  execution 
shall  be  collectable  on  a  judgement  rendered  upon  such  indebted- 
ness, except  as  hereinbefore,  provided. 

Sec.  XII. — The  Justice  of  the  Miner's  Court  shall  keep 
a  Docket  in  which  a  corret  Record  of  all  the  proceedings  of  his 
Court  shall  be  entered,  and  he  shall  file  and  safely  keep  all  pa- 
pers connected  with  suits  tried  before  him. 

Sec  XT II. — It  shall  be  the  duty  of  the  Justice  to  issue  an 
attachment,  when  the  Plaintiff  establish  by  his  own,  or  the  oath 
of  other  person  the  proof  of  the  facts  as  aMcgcd  in  liis  affidavit. 
Viz,  That  he  believes  tlie  defendant  in  the  suit  pending,  is  about 
to  abscond,  or  dispose  of  his  property  to  defraud  his  creditors. 

9 


250  GILPIN  COUNTY  RECORDS 

Duties  of  the  Recorder. 

Sec.  XIIII. — It  shall  be  the  duty  of  the  Recorder  to 
safely  keep  the  Records  of  the  District,  and  to  record  all  papers 
upon  the  payment  of  his  fees.  To  act  as  Secratary  at  all  public 
meetings  of  the  District,  and  by  virtue  of  his  office  as  Treasurer 
to  keep  all  moneys  of  the  District  paid  him,  subject  to  the  draft 
of  the  President,  also  to  keep  all  vouchers,  so  that  any  time  he 
may  be  able,  when  called  upon  to  exhibit  the  financial  condition 
of  the  District. 

Sec.  XV. — The  Recorder  may  appoint  a  Deputy  who  shall 
be  duly  sworn,  for  whose  special  acts  he  shall  be  responsible. 

Duties  of  the  Sheriff. 

Sec.  XVI. — It  shall  be  the  duty  of  the  Sheriff  to  execute 
all  papers  issued  by  the  proper  officers  and  make  due  return 
entered  thereon. 

Sec.  XVII. — It  shall  be  the  duty  of  the  Sheriff,  to  return 
any  notice  or  summons,  on  or  before  the  time  set  therein  for 
trial,  and  the  manner  of  the  service  shall  be  set  forth  in  the  Sher- 
iff's return  thereto. 

Sec.  XVIII.— It  shall  be  the  duty  of  the  Sheriff,  when  he 
attaches  any  property  not  capable  of  delivery,  to  file  a  list  of  the 
same  with  the  Recorder  immediately. 

Sec.  XVIIIL— It  shall  be  the  duty  of  the  Sheriff  to  exe- 
cute or,  cause  to  be  executed,  all  penalties  for  criminal  offences. 

Chapter  IV. — Officers'  Fees. 
President's  and  Justice's  Fees. 
Sec  I.     Subpoena     25  cts.  for  one,  two,  or  more.  .50  cts. 

Swearing  Witnesses  each  20 

Venari  50 

Swearing  a  Jury  25 

Hearing  a  Cause  1-00 

Recording  a  Judgment  50 
Issuing  Process             Laws  of  Kansas. 


SOUTH  BOULDER  DISTRICT  251 

Sec  II.     Recorder's  Fees. 

The  Recorder  shall  be  entitled  to  fifty  ceuts  for  recording 
each  claim;  fifty  cents  for  a  Deed  or  any  other  instnmient  of 
not  more  than  one  hundred  words,  and  at  the  rate  of  fifty  cents 
for  each  additional  one  hundred  words. 

Sheriif's  Fees. 
Sec.   III.     Sheriff's  fees  shall  be  double  of  that  Avhich  is 
allowed  a  Sheriff  by  The  Revised  Statutes  of  Kansas. 

Chapter  V. 
Laws  of  the  Government  of  the  Miners'  Court. 

Sec  1.  A  person  wishing  to  commence  a  Civil  Action, 
shall  apply  to  the  President  or  Justice  of  the  Peace,  and  on  the 
affidavit  of  the  applicant  stating  that  the  defendant  is  justly  in- 
debted to  him  Shall  issue  a  Summons  returnable  in  three  days, 
to  require  the  defendant  to  appear  and  answer.  If  said  sum- 
mons is  personly  served,  and  if  such  summons  is  served  by  copy 
— and  if  the  defendant  does  not  appear — then  a  new  Summons 
Shall  be  issued,  and  if  the  defendant  cannot  be  found,  the  Court 
issueing  the  Summons  Shall  hear  the  proofs  and  allegations  of 
the  Plaintiff  who  shall  himself  be  sworn,  (gTanting  same  privi- 
ledge  to  the  defendant  if  present,)  in  their  own  behalf,  and  upon 
the  proofs  and  Alligations  then  established  the  Court  or  Jury, 
shall  give  and  record  judgement. 

In  case  the  defendant  can  not  be  found  he  or  she  may  at 
any  time  within  Six  months  apply  for  a  New  Trial,  which  shall 
be  granted  for  sufficient  cause  shown,  and  on  the  payment  of  the 
costs  of  previous  Suit. 

Sec.  II.  Depositions  may  be  used  in  evidence  before  the 
Miner's  Court,  Provided  the  witness  is  sick  and  unable  to  attend 
at  the  place  of  trial,  or  is  about  to  leave  the  country,  or  is  out 
of  the  jurisdiction  of  the  court,  Provided,  also,  that  the  adverse 
party  shall  have  notice  of  time  and  place,  when  and  where  such 
depositions  will  be  taken,  and  have  the  right  to  cross  question 


252  GILPIN  COUNTY  RECORDS 

such  witness.  Notice,  however  need  not  be  given  when  the  wit- 
ness is  not  a  resident  of  this  Territory 

Sec.  III.  No  cause  shall  be  continued  except  bj  the  con- 
sent of  both  parties,  or  upon  the  affidavit  of  one  of  the  parties  or 
his  Attorney,  Setting  forth  good  cause  for  a  continuance,  as  for 
the  abscence  of  a  material  witness,  in  which  case  the  party  must 
state  on  oath  that  he  cannot  safely  proceed  to  trial  without  said 
witness,  and  that  he  believes  he  can  procure  the  testimony  of 
said  witness  at  some  future  time. 

Sec.  IV. — Garnishee  process  may  issue  as  a  part  of  the 
origonal  writ  to  be  served  upon  both  the  defendant  and  Garna- 
shee,  or  seperately,  or  it  may  be  issued  after  execution  is  re- 
turned unsatisfied ;  in  either  case,  if  the  Garnashee  shall  pay 
the  defendant  the  amount  of  his  indebtedness,  after  service  of 
said  notice  and  before  the  final  judgement  (if  any  is  obtained,) 
is  paid,  he  shall  be  liable  to  the  plaintiff  for  such  indebtedness. 

Sec.  V.  New  trials  may  be  granted  for  good  cause  shown 
upon  the  same  terms,  or  by  the  rules  of  common  law,  Provided, 
the  party  applying  for  a  new  trial  first  pay  the  costs  that  have 
already  accrued. 

Sec.  VI.  It  shall  be  optional  with  the  parties  of  any  suit 
whether  the  same  be  tried  by  the  President,  the  Justice,  or  by 
Jury. 

Sec.  VII.  The  regular  number  of  jurymen  to  try  civil 
causes,  unless  otherwise  agreed  upon  by  the  parties,  shall  be 
three. 

Sec.  VIII.  Each  party  shall  have  the  right  to  three  per- 
emptory challenges,  and  as  many  as  necessary  for  cause  shown. 

Appeals. 
Sec.  IX.  Either  of  the  parties  may  appeal  from  the 
Courts  of  this  District,  or  from  the  verdict  rendered  and  en- 
tered by  the  Court,  or  by  the  Jury  of  Three,  to  a  Jury  of 
Twelve,  on  payment  of  costs  already  accrued,  who  shall  hear  the 
testimony  of  the  parties  in  which  case  the  Docket  of  the  Court 
shall  be  evidence ;  and  the  verdict  of  the  Jury  of  Twelve,  shall 


SOUTH  BOULDER  DISTRICT  258 

be  final — and  if  the  judgement  of  the  Court,  or  the  verdict 
of  the  Jury  first  trying  the  cause  reversed,  then  the  judgment 
shall  include  the  amount  of  costs  paid  by  the  defendant  to  ob- 
tain such  new  trial. 

Notice. 

Sec.  X.  Attachment  shall  be  considered  served  by  being 
read  to  the  parties,  together  with  a  list  of  the  property  attached, 
and  in  case  the  party  or  parties  cannot  be  found  in  the  district, 
by  having  a  copy  of  the  same  at  his  or  their  usual  place  of  resi- 
dence. 

Sec.  XI.  All  executions  issued  from  the  Miner's  Court 
shall  be  made  returnable  in  twelve  days  from  their  date,  and 
the  Sheriff  shall  note,  on  each  execution  the  day  and  hour  of  re- 
ceiving the  Same,  and  return  the  said  execution  within  twelve 
days,  whether  Satisfied  or  not,  with  his  official  acts  endorsed 
thereon. 

Sec.  XII.  Any  property,  sold  under  execution,  shall  be 
advertised,  by  posting  Xotices  in  three  conspicuous  places,  in  the 
district,  at  least  five  days  previous  to  the  day  of  sale. 

Said  Xotices  must  designate  the  day  and  hour  of  said  Sale, 
together  with  a  description  of  the  property  to  be  offered  for 
Sale.  The  Sheriff  may  adjourn  the  Sale  to  some  future  day, 
within  the  time  Specified  for  the  return  of  the  execution,  pro- 
vided there  are  no  bids,  or  the  bids  are  unreasonably  low.  Notice 
of  such  postponement  shall  be  given  during  the  hours  of  Sale. 

Publication 
When  Suit  is  instituted  against  any  person  who  is  absent 
from,  or  non-resident  of,  this  district,  Service  may  be  had  by 
posting  notices  or  copies  of  the  Summons  in  three  conspicuous 
places  in  the  district,  at  least  ten  days  previous  to  the  day  of 
trial.  A  Copy  of  one  of  said  notices  shall  be  sworn  to  by  the 
Sheriff  who  posted  the  same,  stating  when,  how  and  where  he 
served  the  same,  which  shall  be  filed  with  the  papers  in  the  case. 

Equity. 
The  Miner's  Court  shall  have  equity  Jurisdiction,  and  shall 


254  GILPIN  COUNTY  RECORDS 

be  governed  by  common  law  rules  of  equity:  Provided,  either 
party  shall  have  the  right  of  trial  by  Jury  and  Provided,  either 
party  shall  show,  to  the  satisfaction  of  the  Court,  that  he  cannot 
obtain  justice  under  the  rules  of  law. 

Exemption. 
Sec.  XIIII.  There  shall  be  exempt  from  levy  and  sale 
on  execution,  the  following  articles,  which  are  necessary  for 
present  use  by  the  defendant:  Mining  tools.  Mechanics  tools, 
bedding,  clothing,  cooking  utensils  and  necessary  provissions  for 
three  months.  And  jn  case  of  a  man  with  a  family,  residing  in 
the  district,  a  dwelling  house,  not  exceeding  three  hundred  dol- 
lars in  value,  and  the  lot  on  which  the  same  is  situated,  together 
with  such  articles  of  house-hold  furniture  as  are  strictly  neces- 
sary: Provided,  that  nothing  in  the  foregoing  section  shall  ap- 
ply to  judgment  recovered  for  wages  or  labor  preformed  prior 
to  this  act. 

Citizenship. 
Sec.  XV.  All  persons  who  now  reside  in  this,  or,  who 
shall  hereafter  come  into  the  District  to  settle  therein,  and  all 
persons  doing  business  who  reside  out  of  the  district  who  on 
opening  claims.  Gulch  mining.  Patch  claims,  building  Quartz 
or  other  mills.  Ranching,  Farming  Tunneling,  or  otherwise  im- 
proving his  property,  w^hen  such  improvnient  and  work  is  actu- 
ally commenced  shall  be  entitled  to  vote  in  all  the  meetings  of 
the  District. 

Chapter  VI. 

Criminal  Laws. 
Sec.  I.  The  President,  and  in  his  abscence  the  Justice  of 
the  Peace  shall  issue  a  warrant  on  the  complaint  of  any  person 
under  oath  charging  any  person  of  a  crime  or  misdemeanor  com- 
mitted in  this  District  authorizeing  the  Sheriff  to  take  the  per- 
son into  custody  and  to  take  him  or  her  before  the  officer  issuing 
the  process  or  if  the  officer  issuing  the  process  is  absent,  before 
any  other  Justice  or  judge  for  trial  in  the  district  having  cogni- 
zance.  The  charges  preferred  by  the  counsel  for  plaintiff  or  com- 


SOUTH  BOULDER  DISTRICT  265 

plainant,  shall  be  read  to  him  or  her,  to  which  the  defendant 
shall  plead  guilty  or  not  guilty,  and  on  the  plea  of  guilty — the 
Conrt  shall  sentence  the  prisoner  to  such  penalty  by  fine  or  other 
punishment  as  he  may  determin,  as  defined  by  the  laM's  of 
crimes  or  for  petit  Larceny,  Grand  Larceny,  and  misdemeanor 
— and  on  the  plea  of  not  guilty,  then  the  defendant  shall  be  en- 
titled to  a  trial  by  jury  and  shall  have  twenty  four  hours  to  pre- 
pare for  trial  and  the  Court  shall  issue  Subponeas  on  the  appli- 
cation of  defendant  for  such  witnesses  as  he  shall  name  and  such 
witnesses  shaU  be  required  to  attend  said  Court  and  testify  in 
the  cause.  Any  witness  refusing  to  attend  on  any  Court  or  serv- 
ice of  Subpoena  may  be  brought  before  such  Court  on  attach- 
ment issued  on  the  oath  of  the  party  requiring  his  attendance 
and  be  subject  to  all  costs  accruing  upon  such  attachment  if  so 
determined  by  the  Court. 

Sec.  II.  Any  person  guilty  of  willful  murder,  upon  con- 
viction thereof  shall  be  hung  by  the  neck  until  he  is  dead. 

Sec.  III.  Any  person  guilty  of  man-Slaughter  or  homi- 
cide, shall  be  punished  as  a  Jury  of  twelve  men  may  direct. 

Sec.  IV.  Any  Crime  or  misdemeanor  whatever  not 
herein  before  mentioned,  or  provided  for  by  law,  shall  be  pun- 
ished as  a  Jury  of  Twelve  men  may  direct. 

Impeachment  of  Officers. 

Sec.  V.  Any  officer  of  this  District  may  be  Impeached 
and  deprived  of  his  office  for  neglect  of  duty,  violation  of  the 
Laws,  or  any  misdemeanor  inconsistent  with  his  official  posi- 
tion. All  charges  brought  against  an  officer  must  be  specific, 
and  presented  in  writing  at  a  legally  called  meeting  of  the 
Miners. 

Term  of  Office. 

Sec.  VI.  All  officers  of  this  District  shall  hold  their  re- 
spective offices  for  the  term  of  Six  months,  from  th(>  day  of  their 
election — Unless  they  Resign,  or  are  Legally  discharged  from 
the  Same. 


256  GILPIN  COUNTY  RECORDS 

Chapter  VII. 
Claims  Defined  &c. 

Sec.  I.  All  Lode  Claimes  made  bj  discovery  shall  be  Two 
Hundred  feet  long,  by  One  Hundred  feet  wide,  and  all  cross 
Lodes  within  said  boundaries  shall  be  the  property  of  said  claim- 
ants ;  all  Preemption  Lode  claims  shall  be  one  hundred  feet  long 
by  fifty  feet  wide. 

Sec.  II.  All  Gulch  Claimes  shall  be  One  Hundred  feet, 
up  or  down  the  Gulch,  and  from  bank  to  bank;  all  Patch  and 
Bank  claimes  Shall  be  One  Hundred  feet  Square;  Water 
Claimes  shall  be  Three  Hundred  feet  Square. 

Sec.  III.  Every  person  shall  be  entitled  to  one  Lode,  one 
Gulch,  one  Patch,  one  Bank  and  one  Water  Claim,  by  right  of 
preemption. 

Sec.  IIII.  The  Discovery  hole  or  Shaft,  shall  be  consid- 
ered in  the  center  of  the  discovery  claim,  unless  specified  to  the 
contrary  on  record. 

Sec.  V.  Any  person,  owning  a  Quartz  mill  or  claim,  on 
which  he  has  a  mill,  or  is  preparing  to  place  a  mill,  shall  have 
the  right  to  cut  or  construct  a  race,  flume  or  ditch.  Provided, 
the  water  be  so  guarded  as  not  to  interfere  with  vested  rights ; 
priority  of  claim  to  be  in  every  case  respected. 

Sec.  VI.  No  person  shall  be  permitted  to  mine  under  any 
building  or  other  improvement,  unless  they  first  secure  the  par- 
ties owning  such  improvement  against  all  damages;  except  by 
priority  of  title. 

See.  VII.  All  mining  claims  must  be  recorded,  unless 
continuously  worked. 

Sec.  VIII.  In  all  cases,  where  parties  shall  have  com- 
plied with  the  Law,  as  far  as  possible  priority  of  claim,  when 
honestly  carried  out,  shall  be  respected. 

Sec.  IX.  Any  person  owning  Claims  of  any  kind,  or  prop- 
erty, may  sell  and  convey  by  deed,  any  claim  or  property,  to  an 
actual  purchaser  who  shall  be  entitled  to  all  the  rights  and  privi- 
leges belonging  to  the  original  owners  of  such  claims  or 
property. 


SOUTH  BOULDER  DISTRICT  257 

Sec.  X.  All  deeds,  Bonds.  Bills  of  Sale,  Contracts,  or 
any  instruments  relating  to  conveyance  of  property,  shall  be 
witnessed,  and  must  be  acknowledged  before  the  President,  the 
Justice  or  Recorder  of  this  District,  and  must  be  recorded,  to  be 
held  as  valid  against  creditors,  or  subsequent  deed  of  grantor. 

Sec.  XI.  Discoveries  on  Lodes  shall  not  be  recorded  until 
the  'crevice'  is  found,  and  gold  or  other  precious  metal  found 
therein,  by  washing,  or  otherwise. 

Sec.  XII  No  claim  shall  be  valid  without  person  was 
actually  in  the  mountains  at  the  time  said  claim  was  recorded, 
or  have  interests  here  represented  by  Legal,  active  partners. 

Sec.  XIIL  Every  Water  power  claimant  shall  be  en- 
titled to  all  the  natural  fall  of  water  on  his  claim,  or  claimes. 

Sec.  XIIII.  All  Water  Claims  not  improved  or  repre- 
sented by  their  o^^^lers,  or  their  Legal  agents,  on  or  before  the 
15th  day  of  next  July  Shall  be  forfeited,  and  open  for  pre- 
emption. 

Removing  Timber  &c. 

Sec.  XV".  It  shall  not  be  lawful  for  any  person  or  persons 
to  remove,  any  timber  or  wood  from  this  District,  except.  Sawed 
Lumber  and  Shingles,  and  upon  conviction  of  a  violation  of  this 
Section,  the  person  or  persons  so  offending  shall  be  fined  in  a 
sum,  not  less  than  double  the  value  of  such  timber,  nor  more 
than  one  hundred  dollars,  to  be  collected  as  other  fines. 

Sec.  XVL  The  Timber  upon  all  recorded  Mining,  Build- 
ing and  Water  Claims,  shall  belong  to  the  same.  Except  what 
has  been  cut  and  claimed  previous  to  the  passage  of  this  law,  and 
shall  not  be  removed,  or  appropriated  without  the  permission  of 
the  owners  thereof. 

Chapter  VIII. 
Town  Sites  and  Ranches. 

Sec.  I.  Any  persons,  or  Company  that  may  hereafter  lo- 
cate and  lay  out  a  Town  in  this  District  shall  make  a  map  or 
plat  thereof  and  file  or  deposite  a  correct  duplicate  of  the  same 


258  GILPIN  COUNTY  RECORDS 

in  the  District  Recorder's  office  with  the  names  of  the  proprie- 
tors signed  thereunto. — 

Sec.  II.  The  Plat,  must  designate  the  name  of  the  Town, 
the  District,  the  boundaries  &  when  located.  The  said  Plat  must 
have  all  Streets,  alleys  public  squares,  avenues,  market  houses. 
Burial  grounds  and  Lots,  named  numbered  and  staked  off. 

Sec.  III.  All  deeds,  titles  or  conveyances  of  said  Town 
lots  or  property  must  have  the  signature  of  the  proprietors 
thereof  and  be  Recorded  in  the  District  Recorder's  office — said 
proprietors  being  bound  for  all  lots,  or  property  deeded  or  con- 
veyed to  any  person,  or  persons. 

Sec.  IIII.  The  Said  Proprietors  to  have  and  to  hold  said 
Town  as  Real  Estate  as  other  property  of  the  District. 

Sec.  V.  Any  persons  or  Company  may  locate  and  lay  off 
a  Town  in  this  district  by  complying  with  the  provisions  of  this 
law — Provided  they  get  the  consent  and  signature  of  a  majority 
of  the  miners  in  and  of  this  district. 

Ranches. 
Sec.  VI.  Any  person  or  persons,  may  preempt  and  hold 
as  Real  Estate  a  Ranche  in  this  District  by  Recording  the  Same 
in  the  District  Recorder's  office.  The  Record  must  designate 
the  name  of  the  Ranche,  of  the  proprietors,  the  the  boundaries, 
of  the  District  and  when  located  or  claimed — Provided  each 
person  shall  not  preempt  more  than  (160  A.)  one  hundred  and 
Sixty  acres  of  land,  and  Provided  they  shall  improve  such 
Ranche  within  three  months  from  date  of  Record  to  the  value  of 
($50.00)  Fifty  Dollars — and  Provided  they  shall  not  be  en- 
titled to  more  of  the  wood  and  timber  thereon  than  is  needed 
for  the  improvement  and  use  [of  the]  Ranche,  unless  Manufac- 
tured and  sold  in  the  District. 

Lien  Law. 
Sec.  VII.     Be  it  enacted  That,  All  labor  performed,  or 
material  furnished  for  any  Mill,  House,  Timnell,  Gulch,  Ditch 
or  Lode  be  a  Lien  on  the  same,  Provided  the  same  is  Recorded 


SOUTH  BOULDER  DISTRICT  259 

within  Thirty  days  from  the  time  such  Labor  was  performed  or 
material  furnished. 

Taxes. 
Sec.  IX.  All  Lode  Claims  in  this  District  shall  be  taxed 
ten  cents  each  on  or  before  the  15th  day  of  Sept  1861.  The 
proceeds  to  be  applied  as  the  miners  may  direct — if  not  paid 
before  that  time  the  Sheriff  shall  give  ten  days  notice,  and  if 
not  paid  within  that  time,  they  shall  be  sold  for  the  taxes  and  a 
valid  deed  given  to  the  purchaser. 

Chapter  IX.     Tunnel  Law. 

Sec.  I.  Any  person  or  company  locating  a  Tunnel  Claim 
in  this  District,  as  hereinafter  provided,  shall  be  entitled  to  pre- 
empt one  hundred  by  two  hundred  feet  of  ground,  as  surface 
claim,  at  the  starting  point  for  Tunnel  purposes  and  deposits. 

Sec.  II.  Any  person  or  Company  runing  a  Tunnel  under 
this  law,  shall  be  entitled  to  four  hundred  feet,  and  no  more, 
upon  any  Lode,  which  may  be  discovered  in  said  Tunnel,  two 
hundred  feet  of  which  may  be  taken  on  each  side  of  the  center 
line  of  the  tunnel  claim ;  Provided,  also,  that  such  discovery  be 
preempted  and  recorded  as  other  claims. 

Sec.  III.  Any  person  or  Company,  locating  a  Tunnel  as 
aforesaid,  shall  be  required  to  commence  work  upon  the  same  on 
or  before  the  first  day  of  June,  1861.  And  all  Claimes  Recorded 
after  the  first  day  of  May  1861,  must  be  worked  within  Thirty 
days  from  date  of  Fileing  and  Recording.  Any  person  or  Com- 
pany shall  be  required  to  perfonn  at  least  three  months  lalwr 
for  one  laborer,  in  every  Six  months — upon  failing  to  comply 
with  the  requirements  of  this  section,  the  right  of  such  Tuinu^l 
shall  be  forfeited. 

Sec.  nil.  All  Tunnel  claims  shall  be  staked  at  the  start- 
ing point  in  the  center,  upon  which  stake  shall  be  written  the 
direction  and  terminus  of  said  tunnel,  together  with  the  name 
of  the  owner  or  owners. 

Sec.  V.  Any  person  or  Company  running  a  tunnel  under 
this  law,  shall  have  the  right  to  cross  any  lode  on  the  line  of 


260  GILPIN  COUNTY  RECORDS 

said  tunnel.  Provided,  the  amount  of  Quartz  taken  out  of  such 
lode,  shall  not  be  more  than  is  necessary  to  cross  said  Lode,  the 
width  not  exceeding  the  size  of  said  tunnel  at  smallest  place. 

Sec.  VI.  Any  person  or  Company,  owning  claims, 
through  which  a  tunnel,  under  this  law  may  pass,  shall  have  the 
right,  either  in  person  or  by  their  agent  to  inspect  such  lode 
claim,  in  said  tunnel,  at  any  time  they  may  desire. 

Sec.  VII.  When  a  person  or  Company  claims  to  have  dis- 
covered a  New  Lode  in  their  tunnel,  and  said  lode  is  claimed 
by  prior  discovery,  it  shall  devolve  upon  the  Tunnel  owner  to 
show  that  his  discovery  is  a  new  one. 

Sec.  VIII.  All  persons  owning  lode  claims  shall  have  the 
privilege  of  working  them  by  tunneling  or  otherwise,  and  to  de- 
posit quartz  either  by  slide  or  tramway,  at  the  point  most  con- 
venient for  them  on  any  gTOund  claimed  under  this  law  for  sur- 
face deposits.  Provided  they  do  not  deposit  Quartz,  or  place 
any  obstruction  nearer  than  twenty  feet  from  the  center  of  the 
mouth  of  said  Tunnel. 

Chapter  X.     Toll  Roads. 
Resolved 

By  the  Citizens  and  Miners  of  South  Boulder  District  at  a 
legally  called  Meeting — ,  That  we  grant  the  Right  of  way  to  all 
Toll  Road  Companies  through  this  District  and  a  Charter  for 
the  same. 

Provided  1st  That  said  Road  shall  not  exceed  Sixty  feet 
in  width. 

Provided,  2nd  Said  Road  shall  not  interfere  with  the  per- 
sonal rights  of  individuals  acquired  previous  to  the  passage  of 
this  act. 

Provided  3rd  Said  Road  shall  not  interfere  with  the  right 
gi-anted  to  other  Road  Companys  previous,  to  the  granting  of 
any  Charter  hereafter. 

Provided  4th  The  Citizens  of  this  District  shall  have  the 
'right  of  way'  for  Local  use  that  portion  of  Road  located  within 
the  boundaries  of  this  District — by  repairing  all  ware  or  Dam- 


SOUTH  BOULDER  DISTRICT  261 

age  done  to  the  Said  Road  or  Bridges,  by  the  said  Citizens  or 
Miners. 

This  act  shall  take  effect  and  be  in  force  from  and  after  its 
passage. 

Passed  March  30th  1861. 

AMENDMENTS 

Sec  III.  of  Chapter  VII.  Should  read  Every  person  shall 
be  entitled  to  one  Lode,  one  Gulch,  one  Patch,  one  Bank  and 
one  Water  Claim  by  right  of  preemption  on  each,  and  every 
Lode,  Gulch,  Patch,  Bank  or  Water  power  in  the  district. 

S.  Boulder  Dist.     September  27th  1861. 

Be  it  enacted  by  the  Citizens  and  Miners  of  South  Boulder 
Dist  that  Section  IX,  of  Chapter  VIII,  of  the  Revised  Laws  of 
S.  Boulder  district  be,  and  is  hereby  Repealed. 

Be  it  enacted  by  the  Citizens  and  ^liners  of  S.  Boulder 
Dist.  That  the  President,  Justice,  Sheriff  and  Recorder  be 
sworn  to  truely  and  impartially  execute  the  Laws  of  the  district 
and  that  the  Justice  and  Sheriff  give  Satisfactory  Bonds  to  the 
President  before  entering  upon  the  duties  of  their  offices  to 
faithfully  discharge  the  Same. 


SILVER  LAKE  DISTRICT 


ISTEW  ORGANIZATION.! 

At  a  large  and  respectable  meeting  of  the  citizens  of  the 
mountains,  held  on  Silver  Mountain,  on  Monday,  the  15th  inst. 
[October,  I860].  On  motion  W,  H.  Gray  was  called  to  the 
chair,  and  A.  E.  Guild  elected  Secretary.  On  being  called  upon, 
the  chair  explained  the  object  of  the  meeting  to  be  the  organiza- 
tion of  a  new  district,  the  election  of  officers  for  said  district, 
and  the  passage  of  such  general  laws  for  the  protection  of  prop- 
erty in  such  Territory  as  would  be  equitable  and  just  to  all  per- 
sons interested  whereupon,  a  new  district,  called  Silver  Lake 
district,  was  laid  out,  bounded  as  follows,  to  wit:  Beginning 
at  the  Northwest  corner  of  Fairfield  district,  thence  running 
in  a  Northerly  direction,  up  Silver  creek,  to  the  divide  between 
the  waters  of  South  Boulder  and  Clear  Creek,  thence  down  the 
divide  to  the  west  line  of  Missouri  district,  thence  with  the 
Missouri  district  to  the  north  line  of  Fairfield  district,  and 
thence  with  the  north  line  of  said  district  to  the  place  of  begin- 
ning. After  which,  on  motion  the  meeting  proceeded  to  the 
election-  of  officers,  whereupon  A.  E.  Guild  was  duly  elected 
President;  H.  Cooper,  Miners'  Judge;  S.  H.  Osborn,  Sheriff 
and  E.  A.  Lynn,  Recorder,  for  the  term  of  one  year.  After  the 
adoption  of  many  useful  and  necessary  regulations  for  said  dis- 
trict, on  motion  it  was  Resolved,  that  the  Rocky  Mountain  News 
and  Herald  be  requested  to  publish  the  proceedings  of  this  meet- 
ing in  their  daily  and  weekly  papers ;  whereupon  the  meeting 
adjourned,  amidst  much  enthusiasm,  with  three  cheers  for  the 
Silver  Lake  district,  and  the  officers  elect  and  the  general  pros- 
perity of  mining  in  these  mountains. 

A.  E.  Guild,  Secy.  W.  H.  Gray,  Pres't 


Rocky  Mountain  News,  October  24,  1860,  p.  2. 

262 


SILVER  LAKE  DISTRICT  263 

LAWS  AXD  MINUTES^ 

Section  1st,  January  1st  1861 

Meeting  called  to  order  bv  Electing  Wm  Wightman  to  the 
chair    Wm  H.  Cadwell  Secretary 

The  President  stated  the  object  of  the  meeting  for  the  per- 
pns  of  Electing  a  Recorder  also  to  attend  to  varioiisis  other 
buisness 

On  motion  the  meeting  proceede  to  nominate  candidate  for 
Recorder     Carried 

On  motion  the  meeting  proceed  to  elect  by  acclimation 
Carried 

On  motion  Wm  H  Cadwell  be  a  candidate  for  recorder 
Carried 

On  Motion  D  F  Copeland  be  a  candidate  for  recorder    Lost 

On  Motion  Wm  H  Cadwell  is  declared  duly  Elected  Re- 
corder   Carred 

Art  1st  On  motion  a  commitee  of  (1)  one  be  apointed  to 
procure  the  Books  and  records  belonging  to  Silver  Lake  District 
of  the  former  Recorder     Carried 

Art  2nd  On  motion  the  Recorder  have  power  to  call  Min- 
ers Meetings  when  requested  by  the  miners  or  whenever  he  sees 
propper     Carried 

Art  3rd  On  motion  be  it  annacted  that  no  woman  shal 
hold  Claims  in  this  District     Carried 

Art  4th  On  motion  Resolved  that  all  Lodes  the  Discovery 
Claim  shall  be  plainley  and  distinctly  marked  and  that  all 
Claims  on  either  side  shall  be  taken  by  numbers  irrespective  of 
Stakes     Carried 

Art  5th  On  motion  Resolved  that  all  persons  shall  be  per- 
sonley  presant  or  their  order  in  wrighting  at  the  time  when 
claims  shall  be  Recorded    Carried 

Silver  Lake  District  Jan  1st  1861 

Wm  Wightman  Chairman 
Wm  IT  Cadwell  Recorder 

'Silver  Lake  District,  Lode   [Book]. 


264  GILPIN  COUNTY  RECORDS 

Sec  2nd     Silver  Lake  District  March  2nd  1861 

On  motion  the  Meeting  called  to  order     Wm  W  Griffith 

appointed  Chairman     Wm  H  Cadwell  Secretary 

Art  1st     On  motion  a  Commitee  of  three  (3)  be  appointed 

to  draft  resolutions  for  Said  District     Carried 

Wm  Wightman 

P  D  Blaizdell       1-    Commitee 

J  A  Kerr 

Laws  adopted  in  Silver  Lake  District,  March,  2nd  1861 

Art  1st  be  it  enacted  that  the  officers  of  Silver  Lake  Dis- 
trict shall  consist  of  a  Recorder  all  other  officers  shall  be  ap- 
ointed  by  miners  when  in  session 

Art  2nd  It  shall  be  the  duty  of  the  Recorder  on  applica- 
tion of  two  or  more  of  the  miners  of  this  District  to  call  a  Min- 
ers Meeting  for  eny  purpose  whatever  and  notice  shall  be  put 
up  in  two  or  three  public  places  three  days  prior  to  the  Meeting 

Art  3rd  All  disputes  and  difficulties  in  regard  to  mining 
Claims  or  other  property  shall  be  settled  by  the  majoriety  of  the 
miners  presant  at  the  Meeting  unless  both  parties  are  agreed  to 
cari-y  it  out  of  the  District  a  Judge  shall  be  appointed  by  the 
Meeting 

Art  4th  Every  person  discovering  a  Lode  or  Gulch  or  dry 
diggings  shall  be  entitled  to  two  hundred  feet  for  discovering  in 
Silver  Lake  District 

Art  5th  Every  miner  shall  be  entitled  to  one  Lode  Claim 
on  every  Lode  in  this  district  by  premption  and  one  Gulch  Claim 
and  one  dry  diggings  Claim  and  one  Water  Claim 

Art  6th  A  Lode  Claim  shall  be  one  hundred  feet  long  by 
fifty  feet  wide  Gulch  Claims  shall  be  one  hundred  feet  long 
and  from  Bank  to  Bank  Dry  diggings  shall  be  one  hundred  feet 
Square  Water  Claims  shall  be  two  hundred  and  fifty  feet 
square  / 

Art  7th  It  shall  be  the  duty  of  every  miner  or  eny  person 
holding  premtion  Claims  of  eny  Kind  whatever  to  represent  the 


SILVER  LAKE  DISTRICT  265 

same  once  in  a  year  in  either  of  the  three  Months  July,  August 
or  September  and  write  their  Thames  in  a  Book  provided  for  that 
purpose  at  the  Eecorders  office  if  this  article  is  not  complied 
with  Said  Claims  shall  be  forfeited 

Art  8th  No  person  shall  be  entitled  to  hold  a  Discovery 
on  A  Lode  until  he  finds  the  Crevice 

Art  9th  Every  person  shall  be  entitled  to  the  timber 
Standing  on  his  own  Claims 

Art  10th  All  Discoveries  and  purchase  Claims  Shall  be 
held  as  real  estate 

Art  11th     These  Laws   shall  be  amended   when   deemed 
Xecessary  by  a  majority  of  the  miners  presant 
Wm  Wightman    1 

P  D  Blaisdell        I  Commitee  to  draft  resolutions 
J  A  Kerr  J 

On  Motion  the  resolution  be  adopted  and  the  commite  Dis- 
charged    Carried 

On  Motion  the  meeting  adjourn     Carried 

Silver  Lake  District  March  2nd  1861 

Wm  W  Griffith,  President 
Wm  II  Cadwell,  Sect 

Section  3rd    Silver  Lake  District  May  28  1861 

On  motion  the  meeting  Called  to  order 

P  J  Fairchilds,  chairman 
Wm  H  Cadwell,  Secretary 

Art  1st  Resolved  that  the  Terratory  or  District  which  has 
heretofore  been  Kansas  District  be  annexed  to  Silver  Lake  Dis- 
trict Claiming  all  the  dividing  Waters  of  Silver  Creek  on  the 
North  and  North  West  side  and  that  said  Terratory  be  Governed 
by  the  Laws  of  Silver  Lake  District  with  the  exceptions  of  the 
Timber  Laws  of  Kansas  District  tlicy  slml]  Hold  good     Curried 

Art  2nd      On  motion  the  Tunnel    Laws  of   Iljiwkcve  Dis- 


266  GILPIN  COUNTY  RECORDS 

trict  be  adopted  and  it  be  the  duty  of  the  Recorder  to  coppj  them 
from  the  Hawkeye  Books    Carried 

On  motion  the  Meeting  adjourn     Carried 
Silver  Lake  District  May  28th  1861 

P  J  Fairchilds,  Pres 
Wm  H  Cadwell  Sec 

Silver  Lake  District  Sep  28th  1861 

On  motion  the  meeting  was  called  to  order  Henry  C  Shef- 
fer,  Chairman,  Wm  H  Cadwell,  Secratary 

Section  4th  On  motion  thare  be  an  amendment  to  Act 
5th  in  Section  1st    Carried 

Resolved  that  eny  person  holding  Claims  in  this  district 
shall  have  the  privlage  of  giving  any  other  person  the  power  of 
attorny  to  represent  his  Claims  in  his  absence  and  it  shall  be  as 
valid  as  though  he  ware  heer  in  person  also  that  real  partners 
in  buisness  may  take  and  represent  Claims  for  each  other 
Carried 

On  motion  the  meeting  adjourn     Carried 

Henry  C  Sheffer,  Chairman 
Wm  H  Cadwell,  Sec 


SPRING  GULCH  DISTRICT 


FROM  SPRING  GULCH^ 

Spring  Gulch,  Nov.  21,  1860. 
Editors  News: — It  may  possibly  interest  you  and  your 
readers  to  know  something  of  the  little  excitement  arising  from 
a  dispute  between  Spring  Gulch  and  Nevada. — Late  last  sum- 
mer, Spring  Gulch  District  was  organized  according  to  law,  as  a 
mining  district,  notwithstanding  the  opposition  of  the  officials 
of  Nevada,  and  of  a  few  discontented  men  in  Eureka.  Our 
officers  were  duly  elected,  and  the  district  went  quietly  into 
operation;  an  acknowledged  district  by  all  the  neighboring 
gulches  except  the  disaffected  of  Nevada.  A  short  time  since, 
a  suit  arose  concerning  the  possession  of  a  certain  house,  stand- 
ing in  Spring  Gulch.  The  man  in  possession  at  the  time,  had 
voted  for  the  organization  of  our  district,  and  for  the  present 
Judge,  and  had  acknowledged  our  district  by  transacting  busi- 
ness in  our  court.  Finally  judgment  was  obtained  against  him, 
and  a  decree  of  sale  issued  by  Judge  Bond.  Immediately  he 
flew  to  Nevada  for  help,  and  with  the  assistance  of  his  attor- 
ney, obtained  from  the  Judge  of  Nevada,  an  injunction  on  the 
Sheriff  of  Spring  Gulch,  forbidding  the  sale  on  the  ground  that 
the  property  lay  in  Nevada  District ;  a  most  palpable  falsehood. 
The  officers  of  our  district  disregarded  the  injunction  of  course, 
and  sold  the  property.  The  defendant  said  no  man  should  take 
it.  He  was  told  that  the  purchaser  would  be  put  in  full  pos- 
session. The  man's  attorney,  and  the  Judge  and  officials  of 
Nevada  told  him  to  fight,  and  they  would  back  him  up.  He  ac- 
cordingly armed  himself,  and  threatened  to  kill  any  man  who 
should  attempt  to  put  him  out  When  the  time  came  to  put 
the  plaintiff  in  possession,  the  proper  officer  went  and  put  the 
defendant  out  of  possession,  and  tbe  plaintiff  in,  defendant  hav- 
ing concluded  to  submit.     The  officers  of  Spring  Gulch  were 

^  Rocky  Mountain  News,  November  28,  18G0,  p.  2. 

267 


268  GILPIN  COUNTY  RECORDS 

summoned  to  appear  before  the  Judge  of  Nevada,  which  sum- 
mons was  treated  with  contempt.  A  warrant  of  arrest  was  then 
issued  for  all  three  of  our  officers,  Judge,  Sheriff  and  Deputy, 
and  put  in  the  hands  of  the  officer  of  iSTevada,  who  never  showed 
himself  except  in  the  lower  end  of  our  district,  where  he  laid 
in  wait,  and  did  succeed  in  arresting  our  Judge,  by  catching 
him  alone  and  unarmed,  but  the  other  officers  they  failed  to 
take,  for  whenever  they  went  out  they  were  armed  and  openly 
said,  quietly  but  friendly,  that  they  would  not  be  taken  alive. 
They  took  our  Judge  and  gave  him  a  sort  of  mock  trial  and 
tried  to  make  him  give  bonds  never  more  to  act  as  Judge  of 
Spring  Gulch  District,  or  to  take  thirty-nine  lashes,  and  to  be 
fined  fifty  dollars  anyhow.  Our  Judge  faced  them  manfully, 
denied  their  jurisdiction,  declared  them  not  a  court  but  a  law- 
less mob,  which  indeed  they  must  have  resembled,  and  refused 
to  give  any  sort  of  bonds,  or  to  so  far  notice  the  court  as  to  make 
any  defence.  They  finally  backed  out,  remitted  the  bond, 
lashes,  fine  and  costs,  and  set  him  free.  When  he  returned,  a 
mass  meeting  of  the  citizens  of  our  district  was  called,  and  with 
an  account  of  that  I  will  close  this  lengthy  letter.  The  lawless 
and  outrageous  course  of  the  Judge  of  I^evada  in  this  matter, 
aroused  great  indignation  against  him  and  his  officials,  who 
seek  to  enlarge  their  Territory  in  order  to  take  in  more  money 
for  recording  and  in  law  suits.  A  mass  meeting  was  imme- 
diately called,  by  some  of  our  best  men,  among  whom  were 
Messrs.  Starr,  Johnson,  Hawke,  Xuekolls,  Please,  Byers  &  Co., 
H.  G.  Otis  and  many  others.  The  meeting  organized  by  calling 
Mark  Allyn  to  the  chair.  Judge  Bond  stated  the  facts  in  the 
case,  and  the  circumstances  of  his  arrest  and  trial.  On  motion, 
Messrs.  Lloyd,  Adamson,  J.  P.  Henry  and  J.  H.  Myers  were 
appointed  committee  on  resolutions.  During  the  absence  of  the 
committee,  Mr.  Swift  of  Eureka  made  a  speech,  assuring  us  of 
the  sympathy  and  support  of  Eureka  District,  and  giving  a  his- 
tory of  the  district,  &c.  He  was  followed  by  Dr.  Lomas  from 
Missouri  Flats,  in  the  Hlinois  Central  District,  who  assured  us 
in  warm  terms  of  the  sympathy  of  Missouri  Flats,  and  of  his 
entire  district,  and  of  their  entire  recognition  of  us  as  a  dis- 


SPRING  GULCH  DISTRICT  269 

trict,  and  of  a  determination  on  the  part  of  his  district  to  sup- 
port us.  He  made  a  few  remarks  of  a  lejral  nature,  proving 
plainly  and  forcibly  the  entire  legality  of  our  orp:anization.  The 
committee  on  resolutions  reported  the  following  which  were 
unanimously  adopted. 

^^^lereas,  A  mob  of  the  people  of  Nevada  District  have 
recently  under  pretence  of  legal  authority,  by  force  and  con- 
trary to  law  attempted  to  interfere  with  officers  of  Spring  Gulch 
District  in  the  discharge  of  their  duty  as  officers,  and  have  at- 
tempted to  assume  jurisdiction  over  a  large  portion  of  our  terri- 
tory; therefore, 

Resolved,  1.  That  we,  the  people  of  Spring  Gulch  Dis- 
trict, will  in  future  at  all  hazards,  sustain  our  district  laws  and 
officers  as  against  any  mob  of  Xevada  District,  and  that  we  will 
resist  to  any  extreme,  any,  and  all  encroachments  of  Nevada 
District,  on  our  Territory,  or  any  part  thereof  as  established 
by  us,  at  an  election  held  for  the  purpose  of  re-organizing  our 
district,  September  29th  1860. 

Resolved,  2.  That  we  regard  the  arrest  of  one  of  our 
officers  and  the  attempted  arrest  of  others  by  the  officials  of 
Xevada  District  for  discharging  their  duty  as  officers  of  said 
Spring  Gulch  District  a  most  heinous  outrage  upon  our  rights 
as  a  legally  organized  district,  and  that  we  will  not  in  future 
submit  to  any  repetition  of  the  same. 

Resolved,  3.  That  the  course  of  Judge  Gones  and  the 
President  of  Nevada  District  in  arresting  and  trying  the  Judge 
of  Spring  Gulch  District  is  one  of  the  greatest  outrages  ever 
perpetrated  by  a  sworn  officer  of  the  land,  by  issuing  a  warrant 
of  arrest  against  one  of  his  peers,  thereby  violating  the  law  of 
nations,  and  in  issuing  a  warrant  of  arrest  without  the  affidavit 
required  of  him  by  his  oath  of  office,  thus  making  himself  a 
perjured  officer  in  the  eyes  of  the  law. 

Resolved,  4.  That  the  Judge  of  Spring  Gulch  District  bo 
recommended  to  issue  a  writ  of  restitution  and  place  it  in  the 
hands  of  the  proper  officer,  and  that  we  assure  that  officer  of  our 
united  and  hearty  support  in  the  discharge  of  his  duty. 


270  GILPIN  COUNTY  RECORDS 

Resolved,  5.  That  the  proceedings  of  this  meeting  be  made 
a  matter  of  record. 

Resolved,  6.    That  the  proceedings  of  this  meeting  be  pub- 
lished. 
Jno.  J.  Monell,  Jr.,  Sec'y.  Mark  Allyn,  Ch'n. 

The  above  account  I  copy  from  the  minutes  of  the  meeting 
obtained  from  the  Secretary  of  the  meeting. 

We  are  determined  Mr.  ISTews,  to  be  a  district,  and  to  sup- 
port our  organization,  and  we  will  do  it,  and  all  our  sister  dis- 
tricts assure  us  of  their  support  and  sympathy. 

Yours  truly,         Hans  Jacobs. 


LAKE  DISTRICT 


MIXUTES^ 


Record  of  proceedings  of  Citizens  ^Meeting; 

At  a  Meeting  of  the  Citizens  of  Qnincy  and  Lake  Gulch 
Districts  held  on  the  Ist  day  of  March  A.  D.  1861  in  persuant 
to  a  Call  by  the  President  of  Quincy  Dist-  for  the  purpos  of 
imiteing  the  two  Districts  and  the  Elections  of  Officers  for  the 
same  W.  H.  Morgan  was  Elected  Secratary-.  Moved  and  Sec^ 
onded  that  a  Committee  of  five  be  apointed  on  joint  resilution 
Himer  Smith  Dr  Mc  Lain  W.S.  Murry  Townsand  were  elected 
to  serve  on  said  Committee  on  Motion  two  more  were  elected 
from  Pleasent  Valley  Dist  to  serve  on  said  Committee  Mc  Cas- 
kell  Pendelton  motion  the  report  of  Joint  Committee  on  resilu- 
tions  made  by  the  Secatary 

Mr.  Colly  tenderd  his  resignation  as  President  of  Qnincy 
Dist  resignation  recieved  Mr  Bro^^'n  tendered  his  resignation 
as  Justice  of  the  peace  resignation  recieved  Mr  Lindsey  tend- 
erd his  resignation  as  constable  of  Quincy  Dist  recieved  Mr. 
Henry  tenderd  his  resignation  as  Justice  of  the  peace  of  Quincy 
Dist  recieved.  On  Motion  vote  taken  by  the  Citizens  of  Lake 
Gulch  District  voted  on  Union  of  the  two  Districts  Majority 
for  Union  on  vote  on  Motion  a  vote  taken  by  the  Citizens  of 
Lake  Gulch  Dist  whether  they  would  Countinance  the  Officers 
of  their  own.  District  now  in  power  decided  they  would  not 
on  motion  the  report  of  the  comittee  discharged  On  Motion  of 
Dr  McLain  S.G.  Colly  was  Elected  President  of  Lake  District 
on  motion  decided  that  the  Balance  of  the  Officers  be  Elected 
balat  on  Motion  Nelson  J  Smith  Elected  to  the  Ofice  of  Sur- 
veyor by  Aclimation  On  Motion  Robert  C.  Lindsey  Elected  to 
the  Office  of  Constable  by  Aclimation  on  balat  O.  F.  Bams  J. 

*  Lake  Gulch  District,  Record  of  Conveyances,  Powers  of  Attorneys, 
etc.,  Book  C.     Lake  District  was  commonly  called  Lake  Gulch  District. 
^  No  records  of  Quincy  District  were  found. 

271 


272  GILPIN  COUNTY  RECORDS 

M.  Bundy  Elected  Justice  of  the  peace  for  Lake  District  R,  B. 
HajM^ard  was  Elected  Recorder  of  Lake  District  On  Motion 
decided  that  another  Justice  be  elected  Makeing  three  Justices 
Brown  Elected  by  Aclimation  to  fill  that  OiSce  On  Motion  A 
Committee  of  five  more  apointed  to  compile  Laws  for  Lake  Dist 
J.M.  Bundy  J.  A.  Woodmancy  S.G.  Colly  Brown  Wheler  Com- 
ittee 

Lake  Gulch  March  1st  1861 

Resolved  that  it  is  deemed  expedient  that  the  District 
known  as  Lake  Gulch  and  Quincy  Dists  Should  unite  the  same 
[to  be  called]  Lake  District  With  the  two  said  Districts 
[united] 

Resolved  2nd  that  the  Officers  not  already  vacated  by  Res- 
ignation be  declaimed  vacant  by  the  Actions  of  this  Meeting 

Resolved  3d  That  A  Comittee  be  apointed  to  draft  a  code 
of  Laws  for  Lake  District  and  untill  such  code  be  made  and 
adopted  by  said  District  the  present  Code  of  Quincy  District 
be  adopted  by  said  New  District — 

Resolved  4th  that  this  Meeting  proceed  to  Elect  by  Balat 
the  folowing  Officers  viz  one  President  two  Jusices  one  Re- 
corder one  Surveyor  one  Sherifi"  S.  G.  Colly  President  O.  F. 
Bams  J.  M.  Bundy  Brown  for  Justice  of  the  peace  Robert  C 
Lindsey  Sheriil  I^elson  Smith  elected  to  the  Office  of  Surveyor 
R.B.  Hayivard  was  elected  as  Recorder  of  Lake  Dist  Resilu- 
tions  adopted  that  a  comittee  of  three  be  appointed  to  demand 
the  Books  of  the  Officers  of  Lake  Gulch  and  Quincy  District  if 
said  Officers  refuse  to  deliver  up  the  same  the  Judge  shall  at 
once  isue  a  writ  to  the  Sheriff  for  the  recovery  of  the  same  L. 
Drake  Wm  E.  Wheeler  E.  Smith  apointed  said  comittee  ad- 
journed to  meet  again  in  four  weeks  from  March  2nd  A.  D. 
1861 

List  of  Voters  Names  of  Lake  Gulch  District  for  the  Anex- 
ation  of  said  District  to  Quincy  District 


LAKE  DISTRICT 


273 


Names 
Woodmancy 
N.E.  Bibbins 
E.  Wash 
S.G.  Snider 
T.  H.  Cuningham 
J.E.  Ilaine 
C.  Hagus 
John  M.  Kank 
Robt.   D.   Morrison 
WM  Palmer 
G.S.  Guest 
J.C.  McColmer 
W.H.  Bennet 
J.W.   Muer 
W.P.  Pusey 
J.  F.  Hall 
Thomas  Pusey 
J.  Connor 
S.F.  Dodge 
O.F.  Bams 
I,  Crippin 
N".  H.  Smith 


Names 
RW.  Haymer 
B.  Grumes 
C.A.  Gates 
D.C.  Tappan 
J.W.  Walker 

D.  S.  Lancton 
T.  R  Ward 
J.E.  Ramsen 
M  Hubard 

J.  Walters 
S  F  Guest 
J.  Proctor 
Nelson  Smith 
N.  Floyd 
RB.  McCaley 
John  Lawler 
J.  Mally 

E.  Smith 
John  Dick 
J.  Heimer 
O.   Barns 
R.B.  Hayward 


At  a  Meeting  held  at  M  E  Hodge's  Office  March  9th  1861 
in  Lake  Gulch  Motion  made  to  sustane  the  proceedings  of  a 
former  meeting  held  at  S.G.  Collys  March  1st  18G1  caried  in 
the  afermative  in  favor  of  sustaining  the  miner  meeting  pre- 
ceedings  of  the  union  meeting  Moved  the  above  be  put  upon 
Record  each  vote  by  Aclimation 

R.  B.  Hayward  Recorder 

Lake  District  March  4th  1861 

At  a  Meeting  held  by  the  Creditors  of  M.  J.  Foly  &  Co. 

for  the  purpos  of  setling  upon  some  Masure  to  sotlc  affairs  of 

said  company  &  the  creditors  S  G  Colly  was  Elected  President 

of  Said  Meeting  R  B  Hay^vard  Secatary  of  said  Meeting  .   .   . 

R.I>.irav\var(l  Recorder 


274  GILPIN  COUNTY  RECORDS 

Kesolved  that  M.H.  Root  and  John  Langlands  act  as 
Joint  Assignes  for  the  Party  herein  Mentioned  in  setling  the 
Acts  and  to  run  the  Mill  as  Recorded  in  Book  A.  Page  2nd 
Also  resolved  that  Mr.  J.  Bundy  Act  as  Attorney  to  transact 
business  for  the  partys  aforesaid  viz  of  Meeting 

R.B.  Hay  ward  Secatary  &  Recorder 

Lake  Dist  6th  1861 
At  a  meeting  of  the  citizens  of  Lake  District  called  by  one 
Mr.  L.  C.  Snider  for  the  purpos  of  takeing  into  consideration 
the  subject  of  claim  jumping  Mr  Snider  stated  his  case  to  the 
Meeting  stating  that  he  has  worked  his  claim  all  the  time  or  had 
it  worked — after  a  spirited  discusion  upon  question  Mr  Drake 
moved  that  Mr  Snider  be  reenstated  in  full  possesion  of  his 
claims  Motion  was  unanimously  passed  on  Motion  the  meeting 
adjourned  W.  M.  Templeton  Sec 
B.  W.  Brown  Pres —  R.  B.Haysvard  Recorder 

Lake  District  April  13th  A.  D.  1861 
At  a  Meeting  held  at  S.  G.  Collys  on  Motion  made  by 
Charles  Allen  that  W.  D.  Townsand  act  as  Administrator  upone 
one  John  Mailys  estate  Motion  sustained  &  caried  he  was 
Elected — Moved  &  seconded  that  Meeting  adjourn  untill  Apr 
16  P.M.  at  S.  G.  Colly  early  in  the  eavening 

R.  B.  Hayward  Recorder 

Lake  Dist  Aprill  16th  1861 
At  a  Meeting  held  at  S.  G.  Collys — Moved  and  seconded 
to  apoint  a  comittee  of  3  to  draft  Laws  to  prevent  the  sale  of 
Licquer  in  this  Dist  Motion  caried  the  folowing  Comittee  were 
Apointed  0.  Barns  J.  Bundy  Mr.  Granden  Moved  &  seconded 
to  adjourn.     Sini  Di    Motion  carried — 

H.  B.  Hayward  Recorder 

Colorado  Territory  Lake  District 

Arapahoe  County  April  Sth  1861 

Know  all  men  by  these  presents  that  we  R.  B.  Hayward 


LAKE  DISTRICT  275 

and  M.  H.  Root  Ebin  Smith  are  held  and  firmly  bound  unto 
the  citizens  of  Lake  District  in  the  penal  sum  of  five  hundred 
dollars  conditionalj  that  if  the  above  be  under  oblij^ation  R.B. 
Hajward  Shall  faithfulv  discharge  the  duties  of  the  ofiice  and 
keep  all  Books  and  papers  that  may  belong  to  said  District  and 
to  acount  to  the  proper  Ofiicers  for  all  moneys  that  may  come 
into  his  hands  belonging  to  said  District  then  this  bond  to  be  nul 
or  void  and  of  no  effect  other  wise  to  remain  in  full  power  and 
affect  given  under  my  hands  and  seals  this  8th  day  of  April 
A.  D.  1861  Approved  by  A.  G.  Colly 

President 

M.  H.  Root         (seal) 
Ebin  Smith  (seal) 

R.  B.  Hayward  (seal) 
R.  B.  HayAvard  Recorder 

Colorado  Territory  Arapaho  County 
Lake  District  April  8th  1861 
Know  all  men  by  these  presents  that  we  O.  F,  Barns  and 
O,  Bams  are  held  and  firmly  bound  unto  the  Citizens  of  Lake 
District  in  the  penal  sum  of  five  hundred  dollars  conditionaly 
that  if  the  above  boundon  obligation  O.  F.  Bams  Shall  faith- 
fully discharge  the  duties  of  his  office  and  safely  keep  &  pay 
over  all  moneys  that  may  come  into  his  hands  belonging  to  other 
persons  then  this  bond  to  be  void  and  to  no  afect  otherwise  to 
remain  in  full  force  and  afect  given  under  our  hands  &  seals 
this  8th  day  of  April  A.  D.  1861 

Approved  by  S.  G.  Colly  O.  F.  Bams     (seal) 

President  Orsamas  Bams     (seal) 

R.  B.  Hayvvard  Recorder 

Lake  Dist  July  3d  1861 
At  a  Regular  called  Meeting  of  the  ^fiuers  of  Lake  Dist 
to  settle  the  titles  of  claims  Nos  lJ)-20  on  Lake  Gulch  on  vote 
taken  Claim  No  20  was  given  to  Mr.  G.  W.  Wilson 

On  Motion  carried  that  the  Siirvcvor  "ive  a  correct  Meas- 


276  GILPIN  COUNTY  RECORDS 

urement  of  Lake  Gulch  claim  jSTo  19  he  found  it  Shall  belong 
to  X  Xewman — to  be  surveyed  at  the  expence  of  the  owners 
of  claims  on  said  gulch  to  comence  at  the  old  boundry  or  stump 
also  by  vote  claim  l^o  29  on  Lake  Gulch  was  given  to  E.  Gran- 
don — on  Motion  Adjourned  Sini  Di 

S  G.  Colly  President  R  B  Hay^vard  Sec. 

Lake  Gulch  July  6th  1861 
Miners  met  persuant  to  call  of  the  President 
Motion  made  that  John  Bennet  claims  ISTos  33  &  34  on 

Lake  Gulch  vs  Bloom  [  ?]     Motion  carried  that  he  and  Brother 

retain  said  claims. 

On  Motion  a  comittie  of  five  were  apointed  to  investigate 

Mr  W  Putlack  case  in  refarence  to  claims  claimed  by  Putlack 

and  other  parties  =:;  O.  F.  Bams  Wm  Nichleson  =  A  Miller  & 

Clark  &  McGrath 

On  Motion  meeting  adjourned 

E.  B.  Hayward  Sec 

Lake  Gulch  July  8  th  1861 
This  is  to  certify  that  J.  I«3'elson  Smith  Surveyor  of  Lake 
District  have  this  day  surveyed  or  masured  Lake  Gulch  per  call 
of  the  Citizens  of  Lake  District  on  July  3d  1861  with  the  fol- 
lowing results  comenceing  at  N^o  1  below  discovery  by  directions 
of  ISTicholson  Miller  and  Waggoner  Lockwood  measuring  down 
the  Gulch  staking  &  numbering  a  stake  evrj  fifty  feet  and  that 
said  numbers  agreed  or  nearly  so  with  Stakes  that  have  ben  pre- 
viously drove  and  numberd 

Attest  Signed  J.  Xelson  Smith 

R.  B.  Hayward  Assistant 
J.  A.  Woodmancy  Assistant 

Lake  District  July  20th  1861 
At  a  regular  meeting  of  the  miners  of  Lake  District  on 
Motion  carried  ISTo  19  on  Lake  Gulch  was  voted  over  to  Jacob 


LAKE  DISTRICT  277 

Newnam  acording  to  the  survey  made  bv  J.  Nelson  Smith  July 
8th  1861 

R.  B.  Hayward  Recorder 

Lake  District  July  26th  1861 
Miners  met  pursuant  to  call  of  spposed  call  President 
called  the  meeting-  Parties  would  a  written  call  and  report  of 
comittie  was  called  that  was  appointed  to  investigate  right  and 
title  of  said  Putlacks  (deseased)  to  claims  on  report  [on]Lake 
Gulch  and  on  motion  of  Dr  Waggoner  the  following  amend- 
ments was  made  to  report  that  parties  now  acupying  the  ground 
shall  pay  to  Samuell  Putlack  or  his  heirs  administrators  the  sum 
claimed  on  said  claims  now  in  dispute  with  the  exception  of  pro 
rate  of  (16)  sixteen  feet  on  (69)  sixty  nine  Substitute  by  ^Ir 
Hodge  Last  First  motion  the  first  carried  motion  tluit  report 
be  adopted  as  amended  carried 

J.  'N.  Smith  Deputy  for  R.  B.  Hayward  Recorder 

Lake  Dist  Aug  10th  1861 
At  a  regular  Meeting  called  &  organised  a  Move  made  & 
seconded  that  the  claims  No  45  &  46  on  Lake  Gulch  be  given 
to  Mr  Lot  &■  Mr  Cohein  carried  Moved  &  seconded  that  IMr  Mc- 
Grath  hold  a  lean  on  the  above  claims  for  the  Amount  of  21 
dollars  &  25  cents,,  Moved  to  ajourn  carried 

R  B.  Haysvard  Sec 

Lake  District  Aug  20th  1861 
At  a  regular  called  meeting  of  the  Miners  of  Lake  dist  a 
Motion  made  &  seconded  that  the  proceedings  of  a  meeting  held 
Aug  10th  1861  be  set  aside  carried  Moved  &  seconded  to  give 
claims  No  45  &  46  on  Lake  Gulch  to  Mr  Death  Flciniiig  carriod 
Moved  to  adjourn  carried 

R.  B.  Hayward  Sec 

Lake  Dist  Sept  28th  1861 
At  a  meeting  of  the  citizens  of  Lake  dist  held  tliis  day  Mr 
O.  F.  Barns  chosen  chairnum  of  Meeting     Mr  Mluiic/.cr  Smitli 


278  GILPIN  COUNTY  RECORDS 

was  Elected  President  of  said  dist  to  serve  in  the  absence  of 
Mr  S.  G.  Colly 

R.  B.  Hayward  Sec 

REVISED  LAWS! 

An  Act  in  Relation  to  the  Officers  of  Lake  District, 
THEIR  Duties,  Term  of  Office  and  Fees. 

Section  One. 
Be  it  enacted  by  the  citizens  of  Lake  District  in  Convention 
assembled:  That  there  be  elected  in  this  District  upon  the  first 
Monday  of  March  in  each  year  the  following  Officers,  who  shall 
hold  their  respective  offices  for  the  term  of  one  yere,  unless  they 
shall  sooner  die,  resign,  remove  from  the  District,  or  be  removed 
for  misconduct  by  the  citisens  of  this  District :  vis — a  President 
Judge  of  the  District,  a  Constable,  a  Surveyor  and  a  Recorder 
who  shall  be  ex-officio  Treasurer  of  this  District 

Section  Two. 
Be  it  further  enacted :  that  there  shall  be  elected,  at  the 
same  time,  two  Justices  of  the  Peace,  who  shall  have  original 
jurisdiction  in  all  cases  not  hereinafter  otherwise  provided. 
Parties  may  remove  any  cause  from  one  Justice  to  another  on 
making  affidavit  that  he  or  they  believe  that  an  impartial  trial 
cannot  be  had  on  account  of  prejudice  of  the  Justice.  Appeals 
may  be  taken  to  the  President  Judge  of  Superior  Court,  and  the 
decision  of  said  Court  shall  be  final  It  shall  be  the  duty  of  the 
President  Judge  to  preside  at  all  public  meetings  of  the  citisens 
of  this  District,  when  called  for  purposes  of  a  public  character. 

Section  Three. 
Be  it  further  enacted :  that  it  shall  be  the  duty  of  the  Re- 
corder— safely  to  keep  the  books  and  records  of  the  District  and 
to  record  all  proper  papers,  upon  payment  of  the  legal  fees,  to 
act  as  Secretar)^  of  the  District  and  to  keep  all  moneys  paid  to 
him  by  the  President  or  Justices  of  the  Miners  Court,  until  the 

'  The  manuscript  was  found  among  the  Sayre  Papers.  The  manuscript 
is  not  dated,  but  reference  to  Colorado  Territory  would  place  it  not  earlier 
than  1861.    The  laws  are  in  duplicate.     The  district  was  organized  in  1860. 


LAKE  DISTRICT  279 

same  are  ordered  to  be  paid  over  bv  vote  of  the  Citisens  at  some 
public  meeting  legaUv  called.  The  said  Recorder  shall  give 
Bonds  to  the  District,  to  the  amount  of  One  Thousand  Dollars 
for  the  faithful  performance  of  his  duty  as  Treasurer  thereof, 
said  Bonds  to  be  approved  bv  the  President  of  the  District. 

Section  Four. 

Be  it  further  enacted  that  the  fees  of  the  Recorder  shall  be 
regulated  as  follows :  For  recording  claims  and  all  other  writ- 
ten instruments  required  to  be  recorded — Fifty  cents  when  less 
than  a  Folio — One  Dollar  when  more  than  one  and  less  than 
Two  Folios  and  at  the  same  rate  for  each  additional  Folio,  and 
such  other  Fees  for  District  business  as  the  citisens  shall  allow 

The  fees  of  the  Justice  shall  be  as  follows : 

For  Siunmons.     One  person  .50 

"             "              each  additional  person  .25 

Order  of  arrest  -50 

Docketing  cause  -20 

Attachment  1-50 

Subpoena — for  one  person  -50 

Each  additional  herein  -25 

Replevin  • '  ^ 

Venire  • '  '^ 

Execution  -50 

Every  other  writ  • '  ^ 
Entries — Each  adjournment 
Judgt  on  writs  or  for  costs 

Dismission  or  discontinuance  without  costs  .50 

Satisfaction  of  Judgt  -50 

Transferring       "  -50 

Taking  verdict  ••'^0 

Each  motion  decided  -50 

Making  up  Docket  per  folio  "'JO 

Certifing  affidavit  ••^*^ 

"       any  Record  ••^•O 

Transcript  of  Docket  and  copying  per  folio  .^0 

Swearing  Jury  -50 


30 
50 


280  GILPIN  COUNTY  RECORDS 

Swearing  Witness  .20 

Each  Bond  .70 

Swearing  Arbitrators — each  .25 

Sitting  during  continuance  of  Arbitration  each  day  1.00 

Making  Arbitration  Bond  .50 

Entering  award  on  Docket  per  folio  .30 

Attachment  against  witness  for  contempt  .75 

Warrant  in  criminal  cases — one  person  1.00 

"         "  "  "        each  additional  therein  named     .50 

The  Justices  and  Judge  of  the  Miners  Court  shall  receive 
Five  Dollars  for  presiding  at  each  trial — and  double  the  Fees 
allowed  by  the  laws  of  Kansas  for  1859 — for  making  out  the 
necessary  papers,  with  the  exception  of  the  cases  otherwise  pro- 
vided for  by  this  Act. 

The  fees  of  the  Constable  shall  be  as  follows : 
Serving  and  returning  Summons,  each  person  .50 

"       Subj>oena  each  witness  .50 

''       Order  of  arrest  .75 

"      "  Replevin  .75 

"       and  returning  Execution  1.00 

Warrant  1.00 

"       notice  on  garnishee  .50 

Appraisal  and  return  .50 

Taking  and  returning  Bond  .70 

Summoning  Jury  1.00 

Attending       "  .50 

Advertising  and  selling  on  Execution  1.00 

On  all  money  collected  on  Execution — to  be  paid  by  Deft     10% 
Tenure  fee — each  mile  .20 

Bringing  prisoner  to  Court  by  order  1.00 

Attending  criminal  examination  1.00 

Collection  of  all  moneys  without  sale  10% 

The  fees  of  Referees  and  Arbitrators  shall  be  for  each  per 

day  2.00 

The  fees  of  witnesses  shall  be — per  day  2.00 

Traveling  fee  of  witnesses  per  mile  necessarily  traveled  in 

going  to  and  coming  from  place  of  attendance  .10 


LAKE  DISTRICT  281 

Section  Five. 

Be  it  further  enacted :  that  ten  days'  residence  within  this 
District  shall  constitute  the  only  qualification  for  voting  for  all 
males  over  twenty  one  years  of  age. 

Section  Six. 

Be  it  further  enacted:  that  it  shall  be  the  duty  of  the 
Justices  and  Judge  to  sign  all  writs  issuing  from  the  Miners 
Court,  to  make  all  transcripts  of  Judgments  required — on  pay- 
ment of  their  fees,  to  enter  judgments  and  pay  over  to  the 
proper  parties  moneys  collected  on  such  judgments  and  excep- 
tions, to  try  all  criminals  and  pay  over  to  the  Treasurer  all 
moneys  they  receive  for  the  District  for  fines  and  judgments, 
and  to  perform  such  other  duties  as  necessarily  appertain  to 
their  offices. 

Section  Seven. 

Be  it  further  enacted:  that  the  distinctions  between  Law 
and  Equity  shall  not  be  recognized  in  the  Miners  Court,  and 
parties  in  any  case  may  avail  themselves  of  all  their  Legal  and 
Equitable  claims  on  defenses  in  the  same  action. 

Section  Eight. 

Be  it  further  enacted:  that  the  Miners  Court  may  grant 
writs  of  Injunction — upon  motion — in  all  proper  cases,  and  all 
other  motions — upon  sufficient  cause  supported  by  affidavits,  and 
may  do  all  such  other  acts  as  a  court  of  Equity  may  do. 

Section  Nine. 

Be  it  further  enacted:  that  the  ^Minors  Conrt  shall  liave 
power  to  fine  for  contempt  in  a  sum  not  exceeding  One  Hun- 
dred Dollars  and  may  issue  execution  tlicreon  as  upon  a  Jn<lg- 
ment. 

An  Act  in  Relation  to  Practice  in  the  Miners'  Couut 

Section  One 
Be  it  enacted  by  the  citizens  of  Lake  District  in  Conven- 
tion assembled: 


282  GILPIN  COUNTY  RECORDS 

That  if  any  person  shall  wish  to  commence  a  civil  action 
in  the  Miners  Court  of  this  District,  he  shall  file  with  a  Justice 
thereof  a  statement  in  writing,  setting  forth  the  grounds  of 
complaint,  which  shall  contain  all  the  facts  and  allegations  nec^ 
essary  to  constitute  a  cause  of  action,  in  plain  and  imequivocal 
language.  Such  statement  shall  be  known  and  called  by  the 
name  of  a  complaint.  Upon  the  filing  of  a  complaint  the  Court 
shall  issue  a  writ  or  summons  to  be  served  upon  the  defendant 
to  appear  and  answer  at  the  time  therein  named,  or  Judgment 
will  be  issued  by  default.  If  the  relief  demanded  be  for  a  sum 
of  money  the  amount  shall  be  stated  in  the  summons.  If  for 
a  sum  of  money  and  other  relief,  the  summons  shall  state  in 
substance,  that  if  the  Defendant  do  not  appear  and  answer  at 
the  time  therein  named  judgment  w^ill  be  taken  against  him 
by  default  for  the  sum  of  money,  and  such  other  relief  as  to 
the  Court  may  seem  proper.  If  the  remedy  applied  for  shall 
not  be  for  any  sum  of  money,  the  summons  shall  ask  judgment 
for  the  relief  demanded  in  the  complaint. 

Section  Two 

Be  it  further  enacted :  that  the  defendant  at  any  time 
before  the  day  set  for  trial  of  any  cause  in  the  Miners  Court, 
may  file  his  answer  or  demurrer,  upon  either  of  which  the 
plaintiff  may  join  issue,  and  if  an  answer  be  filed  containing 
new  matter  irrelevant  to  the  issue,  it  must  be  denied  or  avoided 
by  the  plaintiff  in  his  reply,  and  all  matter  not  denied  or  avoided 
by  one  pleading  subsequent  tO'  another  shall  be  taken  as  con- 
fessed and  true. 

Section  Three 

Be  it  further  enacted :  that  the  term  of  three  days  shall  be 
granted  for  the  filing  of  each  pleading  subsequent  to  another, 
until  the  issue  is  made  up. 

Section  Four 

Be  it  further  enacted :  that  all  pleadings  shall  be  verified 
by  the  parties  or  their  attorneys. 


LAKE  DISTRICT  283 

Section  Five 

Be  it  further  enacted :  that  in  all  cases  of  the  foreclosure 
of  a  mortgage,  or  lien  of  any  kind,  the  Equity  of  Redemption 
shall  not  extend  beyond  ninety  days. 

Section  Six 

Be  it  further  enacted :  that  in  all  cases  for  partition  of 
claims  between  joint  owners,  three  disinterested  commissioners 
shall  be  chosen  by  the  parties  who  shall  effect  such  partition. 

Section  Seven 

Be  it  further  enacted :  that  depositions  may  be  used  in 
evidence,  provided  the  witness  is  sick,  and  unable  to  attend  the 
place  of  trial,  or  about  to  leave  the  country,  or  is  out  of  the  jur- 
isdiction of  the  Court.  If  taken  within  the  District,  notice  shall 
be  served  upon  the  adverse  party,  of  the  time,  and  place  when 
the  said  deposition  is  to  be  taken,  if  out  of  the  District,  notice 
shall  be  given  by  mail,  by  publication  in  the  Denver  newspa- 
pers, or  by  any  other  method  whereby — in  the  judgment  of  the 
Court — the  party  would  be  most  likely  to  receive  notice. 

Section  Eight 

Be  it  further  enacted:  that  the  rules  of  evidence  as  ad- 
mitted in  the  Courts  of  the  United  States  shall  be  observed  in 
the  Miners  Court. 

Section  Nine. 

Be  it  further  enacted:  that  no  cause  shall  be  continued, 
unless  upon  the  affidavit  of  a  party  or  his  attorney — of  the 
absence  of  a  witness  whose  evidence  is  material  to  the  issue — 
as  he  verily  believes,  and  that  he  cannot  safely  proceed  to  trial 
without  the  evidence  of  said  witness,  who,  he  believes,  can  be 
procured  at  some  future  time  which  he  shall  state,  or  for  some 
other  good  and  sufficient  cause. 

Section  Ten 

Be  it  further  enacted:  that  in  all  cases  of  attachiiicut  and 
Replevin,  the  practice  prescribed  by  the  laws  of  Kansas  for 


284  GILPIN  COUNTY  EECORDS 

1859  shall  be  observed,  and  when,  in  case  of  attachment  the 
defendant  has  left  the  District,  or  keeps  himself  secreted  within 
the  same  so  that  process  cannot  be  served  upon  him,  notice  shall 
be  posted  up  at  three  of  the  most  conspicuous  places  in  the 
District  for  ten  days,  which  shall  be  deemed  sufficient  notice. 
The  Court  shall  be  satisfied  before  gTanting  notice  to  be  posted, 
that  the  defendant  cannot  be  reached  in  the  usual  way. 

Section  Eleven 

Be  it  further  enacted ;  that  garnishee  process  may  issue  as 
a  part  of  the  original  writ  to  be  served  on  both  Deft  and  gar- 
nisher,  or  separately,  or  it  may  be  issued  separately  after  the 
execution  is  returned  unsatisfied,  and  in  either  case  if  the 
garnisher  shall  pay  the  demand  over  to  the  Deft  after  legal 
notice,  he  shall  be  held  liable  to  the  amount  of  Pltffs  judgment 
and  costs,  if  he  was  indebted  to  that  amount  when  service  was 
made,  and  if  in  a  smaller  sum,  the  amount  of  his  indebtedness 
at  the  time  notice  was  served. 

Section  Twelve 

Be  it  further  enacted :  that  all  special  proceedings  in  the 
Miners  Court  shall  be  conducted  according  to  the  forms  pre- 
scribed in  the  Laws  of  Kansas  for  the  year  1859,  as  far  as  con- 
sistent with  the  laws  and  local  affairs  of  this  District,  and  all 
motions  relating  to  such  proceedings  shall  be  verified  by  affi- 
davits of  the  parties  or  their  attorneys. 

Section  Thirteen 

Be  it  further  enacted :  that  new^  trials  of  all  cases  which 
have  been  or  may  be  tried  shall  be  granted  upon  the  same 
terms  as  are  required  by  the  rules  of  the  Common  Law,  and 
it  shall  be  discretionary  with  the  Court  in  all  cases  to  grant  or 
reject  the  application. 

Section  Fourteen 

Be  it  further  enacted:  that  no  debt  or  demand  of  any 
nature  shall  be  collected  bv  suit  in  this  District  which  has  not 


LAKE  DISTRICT  286 

originated  either  in  coming  to  this  mining  region,  or  since  the 
arrival  of  the  debtor  within  the  limits  of  Colorado  Territory. 

Section  Fifteen 

Be  it  further  enacted :  that  in  all  cases  when  the  liability 
of  persons  in  actions  founded  on  contract  or  in  mixed  actions 
is  not  defined  by  the  laws  of  this  District,  the  common  law 
rules  shall  apply. 

An  Act  Relating  to  Trim,  and  its  Incidents 

Section  One 

Be  it  enacted  by  the  citizens  of  Lake  District,  in  Conven- 
tion assembled ;  That  in  all  cases  when  a  civil  action  is  com- 
menced in  the  Miners  Court,  the  Ptff  shall  file  a  bond  with 
one  or  more  good  and  sufficient  sureties,  c-onditioned  to  pay  all 
costs  which  may  be  taxed  against  him  in  case  he  shall  fail  to 
recover  judgment  in  said  suit. 

Section  Two. 

Be  it  further  enacted :  that  upon  the  return  day  of  a  sum- 
mons, if  either  party  shall  call  for  a  Jury,  he  shall  first  advance 
the  fees,  at  the  rate  of  one  dollar  and  fifty  cents  for  each  Juror, 
and,  in  case  he  shall  prevail  in  the  same  the  fees  so  advanced 
shall  be  taxed  against  the  adverse  party,  but  in  case  no  Jury 
is  called  for  the  cause  shall  be  tried  by  the  Court. 

Section  Three 

Be  it  further  enacted;  that  Avhen  a  Jury  is  called  for,  the 
Court  shall  issue  a  Venire,  and  the  Constable  shall  make  out 
a  list  of  twenty  four  names  of  citizens  of  the  District,  and 
shall  submit  the  same  to  the  parties  or  their  attorneys,  who 
shall  strike  off,  each  of  them  alternately,  an  equal  number  of 
names  until  the  proper  number  shall  remain,  said  number  to  be 
either  three,  six,  or  twelve,  as  the  [)arties  may  agree. 

Section  Four 
Be  it  further  enacted;    that  if  any  person  wish  to  enter 

10 


286  GILPIN  COUNTY  RECORDS 

an  appeal  from  the  Justices  Court,  he  shall  give  notice  thereof 
within  five  days  from  the  day  when  the  verdict  or  judgment  was 
rendered,  either  by  giving  notice  in  open  Court,  or  by  procur- 
ing the  same  to  be  entered  upon  the  docket,  and  shall  perfect 
his  appeal  within  five  days  by  giving  security  for  the  payment 
of  all  costs  which  have  accrued,  or  may  accrue  in  the  course 
of  the  proceedings  on  appeal,  said  security  to  be  approved  by 
the  Justice  from  whom  the  appeal  is  taken,  and  by  advancing 
Jurors  fees.  The  cause  shall  then  be  set  for  trial  in  five  days 
thereafter. 

Section  Five. 

Be  it  further  enacted;  that  Jurors  may — ^by  direction  of 
the  Court — render  special  verdicts,  upon  which  the  Court  may 
enter  judgment  and  issue  its  decree  or  order. 

Section  Six. 

Be  it  further  enacted ;  that  a  Juror  may  l>e  challenged  for 
favor  or  cause  sho^\Ti  by  his  o^mi  evidence  or  that  of  others. 

Section  Seven. 

Be  it  further  enacted ;  that  in  case  of  a  deficiency  of  Jur- 
ors— the  Constable  may  summon  as  many  as  may  be  needed  to 
make  up  the  requisite  number. 

Section  Eight. 

Be  it  further  enacted :  that  in  all  cases  the  defeated  party 
shall  be  liable  for  the  costs  of  the  suit. 

Section  Xine. 

Be  it  further  enacted :  that  from  the  decision  of  the  Appel- 
late Court,  and  the  verdict  of  the  Juiy  sitting  on  an  appealed 
case,  there  shall  be  no  appeal. 

Section  Ten 
Be  it  further  enacted :    that  all  executions  issuing  out  of 


LAKE  DISTRICT  287 

the  Miners  Court-  shall  be  made  returnable  within  twenty  days 
from  the  date,  and  the  Constable  shall  note  on  each  execution 
within  the  said  twenty  days,  whether  satisfied  or  not,  with  his 
proper  return  thereon  endorsed. 

Section  Eleven. 

Be  it  further  enacted:  that  every  summons  shall  give  five 
days  notice,  and  execution  for  judgment  and  costs  shall  issue 
within  five  days  from  the  date  of  judgment. 

Section  Twelve 

Be  it  further  enacted ;  that  the  President  Judge  may  call 
a  public  meeting  at  any  time  he  may  deem  the  same  necessary, 
by  giving  forty  eight  hours  notice,  said  notice  to  be  posted  in 
six  places  as  conspicuous  as  may  be  found  in  the  District 

Section  Thirteen 

Be  it  further  enacted ;  that — when  the  parties  consent — 
the  Justice  may  sw^ear  them  as  to  the  matter  in  controversy, 
and  decide  the  case  without  other  witnesses  and  without  a  Jury, 
said  decision  to  be  final,  the  fees  of  the  Justice  in  such  cases 
to  be  two  dollars. 

Section  Fourteen 

Be  it  further  enacted ;  that — when  the  parties  consent — 
any  matter  in  controversy  may  be  submitted  to  three  Arbitra- 
tors, one  to  be  chosen  by  each  party,  and  the  third  to  be  selected 
by  the  two  thus  chosen,  or  by  the  Justice  should  they  l>o  unable 
to  agree.  Said  arbitrators  shall  be  sworn  by  the  Justice  to  justly 
try  the  case  submitted  to  them,  and  shall  receive  instructions 
from  the  Justice  as  to  any  point  of  Law  which  may  arise,  with- 
out l:>eing  bound  to  adhere  to  the  strict  rules  of  law.  Before 
thus  submitting  the  case,  the  parties  shall  bind  themselves  in 
a  penalty  double  the  amount  in  controversy  and  the  costs  which 
may  be  awarded,  to  abide  by  the  decision  given,  witliout  further 
litigation.  The  fees  of  said  arbitrators  to  be  two  dolhirs  each, 
whicli  may  be  demanded  before  proceeding  to  (rial. 


288  GILPIN  COUNTY  RECORDS 

An  Act  in  Relation  to  Crimes  and  Nuisances 

Sec.  1. 

Be  it  enacted  by  the  citisens  of  Lake  District  in  Convention 
assembled  that  all  crimes  committed  in  this  District  shall  be 
punished  as  a  Jury  of  twelve  men  may  direct,  except  in  cases 
where  it  may  seem  to  the  Court  advisable  to  submit  the  consider- 
ation of  the  same  to  a  Miners  Meeting  regularly  called  for  that 
express  purpose. 

Sec.  2. 

Be  it  further  enacted  that  any  person  who  shall  cause  or 
commit  any  nuisance  affecting  or  liable  to  affect  the  health  of 
the  people  of  this  District — ^may  be  prosecuted  for  the  same  in 
the  Miners  Court  in  the  name  of  Lake  District  versus  the  Deft, 
and  shall  be  liable  to  pay  damages  in  a  sum  not  exceeding  one 
hundred  dollars  and  costs  of  suit.  Such  sum  to  be  applied  to 
the  use  of  said  Lake  District. 

Sec.  3. 
Be  it  further  enacted  that  executions  shall  issue  in  all 
cases  under  the  provisons  of  this  Act  in  the  name  of  the  District. 

Sec.  4. 
Be  it  further  enacted  that  on  receiving  information  of  the 
existence  of  any  nuisance  within  the  District — liable  to  affect 
the  public  health — the  President  shall  order  the  immediate 
abatement  thereof  and  if  it  shall  appear  satisfactorily  to  him 
that  said  nuisance  has  arisen  through  the  act  or  negligence  of 
any  person  or  persons — he  may  order  such  person  or  persons  to 
remove  the  same  at  his  or  their  expense — on  penalty  of  such 
fine  as  may  seem  to  him — the  said  President,  adequate.  In  case 
the  person  or  persons  guilty  of  such  act  or  negligence —  can  not 
be  found — the  District  shall  pay  the  expense  attending  the 
abatement  of  said  nuisance. 

An  Act  in  Relation  to  Levy  and  Sale  Upon  Execution 

Sec  1 
Be  it  enacted  by  the  citisens  of  Lake  District  in  Convention 
assembled — 


LAKE  DISTRICT  289 

That  there  shall  be  exempted  from  lew  and  sale  upon  exe- 
cution all  tools  for  mining  and  mechanical  purposes,  bedding, 
clothing,  cooking  utensils  and  necessary  provisions  for  three 
months  and  in  case  of  a  man  residing  here  with  his  family — one 
dwelling  house  not  exceeding  in  value  five  hundred  dollars  and 
such  articles  of  household  furniture  as  are  strictly  necessary 
together  with  a  Cow  and  calf — a  bible,  family  pictures  and 
relics. 

Sec.  2. 

Be  it  further  enacted — that  all  property  taken  in  execution 
shall  be  posted  in  three  conspicuous  places  in  the  District  for 
ten  days  next  preceding  the  sale  thereof  and  the  court  may 
adjourn  the  said  sale  at  any  time  when  it  appear  that  the  prop- 
erty cannot  be  sold  unless  at  a  great  sacrifice  for  want  of  bidders. 

Sec.  3. 

Be  it  further  enacted — that  money  collected  on  execution 
shall  be  paid  into  the  hands  of  the  Court  by  the  Constable  to 
satisfy  the  Judgment  in  whole  or  in  part — as  recorded  in  his 
books  and  the  Court  shall  pay  the  same  to  the  proper  parties  or 
their  attorneys. 

Sec.  4. 

Be  it  further  enacted — that  no  levy  shall  be  made  upon 
Real  Estate — until  return  has  been  made  that  sufficient  personal 
property  cannot  be  fpund  within  the  District. 

Sec.  5. 
Be  it  further  enacted  that  in  any  case  of  levy  upon  property 
— the  defendant  may  transfer  said  levy  to  any  other  property 
within  the  District — provided  he  shall  satisfy  the  Court  that 
said  property  is  unincumbered  and  is  worth  twice  the  amount 
named  in  the  writ  upon  which  said  Levy  is  made. 

An  Act  Defining  Claims  and  Regulating  the 
Title  Thereto 

Section  1. 
Be  it  enacted  by  the  people  of  Lake  District  in  Convention 


290  GILPIN  COUNTY  RECORDS 

assembled:  That  all  mining  Lodes  of  Gold  or  of  any  other 
precious  or  useful  metals  and  all  Gulch  or  other  claims  shall  be 
held  under  and  defined  by  the  provisions  of  this  Act. 

Section  2. 
Be  it  further  enacted  that  the  term  ''claim"  as  used  in  this 
District  shall  be  construed  to  mean — when  applied  to  a  Lode — 
One  hundred  feet  running  the  length  of  the  same :  when  applied 
to  a  Gulch  One  hundred  feet  square:  when  applied  to  Patch  or 
Placer  diggings  one  hundred  feet  square :  when  applied  to  tun- 
nelling claims — the  entire  distance  intended  to  run  the  same 
for  discovery  purposes  as  shown  by  record :  when  applied  to 
Quarts  Mill  claims — two  hundred  and  fifty  feet  square:  when 
applied  to  a  Ditch  claim  the  entire  distance  staked  out  and  to 
which  it  is  intended  to  run  the  same — as  shewn  by  survey  and 
the  record  when  applied  to  a  water  claim — the  exclusive  right 
to  use  water  for  mining  or  Mill  purposes  upon  any  Ditch  or 
stream — not  exceeding  two  hundred  and  fifty  feet:  when  ap- 
plied to  a  farming  or  Ranche  claim  One  Hundred  and  Sixty 
acres :  when  applied  to  a  building  claim  forty  feet  front — by 
one  hundred  feet  in  depth. ^ 

Section  3. 
Be  it  further  enacted   that  no  person  shall  hold  more  then 
one  water,  building,  farming,  or  Ranche  claim — except  by  pur- 
chase. 

Section  4. 
Be  it  further  enacted  that  hereafter  all  claims  within  this 
District  shall  be  held  as  Real  Estate. 

'  In  the  other  copy  this  section  reads  as  follows :  Be  it  further  en- 
acted that  the  term  "claim" — as  used  in  this  District — shall  be  construed 
to  mean — when  applied  to  a  Lode — One  Hundred  running  the  length  of  the 
same  and  Twenty  Five  feet  in  width  on  each  side  of  the  Main  Crevice: 
when  applied  to  a  Gulch — One  Hundred  feet  Square:  when  applied  to 
Patch  or  Placer  Diggings — One  Hundred  feet  square:  when  applied  to  Tun- 
nelling claims  the  entire  distance  which  it  is  intended  to  run  the  same  as 
shewn  by  survey  and  the  record :  when  applied  to  a  Water  claim — the  ex- 
clusive right  to  use  water  for  mining  or  Mill  purposes  upon  any  Ditch  or 
stream — not  exceeding  Two  Hundred  and  Fifty  feet:  when  applied  to  a 
farming  or  Ranch  claim — One  Hundred  and  sixty  acres:  when  applied  to  a 
building  claim  Forty  feet  front,  by  One  Hundred  feet  in  depth. 


J 


LAKE  DISTRICT  291 

Section  5. 

Be  it  further  enacted  that  no  chiim  shall  be  regarded  as 
valid  unless  the  name  of  the  owner  or  owners — the  direction  of 
the  claim,  its  length — width  and  the  date  when  made  shall  be 
recorded,  and  when  held  bv  a  companv  the  name  of  each  member 
shall  also  be  recorded. 

Section  6. 

Be  it  further  enacted — that  when  members  of  a  Company 
consisting  of  two  or  more — shall  work  one  claim — the  rest  shall 
be  considered  as  worked  by  putting  notice  of  the  same  on 
record.^ 

Section  7. 

Be  it  further  enacted  that  in  all  cases  when  parties  shall 
have  complied  with  the  laws  as  far  as  possible — priority  of  claim 
honestly  carried  out — shall  be  respected. 

Section  8, 
Be  it  further  enacted  that  all  partnership  contracts,  or 
agreements  concerning  an  interest  in  claims  or  lands,  and  all 
contracts  relating  thereto — shall  be  in  writing  and  shall  give  the 
names  and  interests  of  each  of  the  parties,  and  in  case  of  a 
partnership — the  firm  name — and  the  same  shall  be  recorded 
within  twenty  days  after  the  execution  thereof,  or  said  contracts 
or  agreements  shall  not  be  regarded  as  binding  upon  or  affecting 
anyone  except  the  original  parties  in  any  case. 

Section  9. 
Be  it  further  enacted — that  all  Deeds,  Bonds,  Contracts, 
Bills  of  Sale  or  instruments  of  any  kind  relating  to  the  convey- 
ance of  claims — and  lands  shall  be  witnessed  by  at  least  two 
disinterested  persons  and  recorded. 

Section  10. 
Be  it  further  enacted — that  when  any  miners  hIkiII   hold 
both  a  Gulch  and  Lode  Claim — if  one  be  worked  the  itflicr  may 
be  held  without  working  by  recording  the  same,^ 

'  This  section   is  omitted   in  the  otiier  copy. 
^  This  section  is  omitted   in  the  otiier  copy. 


292  GILPIN  COUNTY  RECORDS 

Section  11. 

Be  it  further  enacted — that  any  person  owning  a  Quarts 
Mill  claim  upon  which  he  has  a  Mill  or  is  preparing  to  erect  one 
— may  claim  the  right  to  cut  a  race  or  ditch  from  any  stream 
to  bring  water  to  said  Mill — not  interfering  with  vested  rights. 

Section  12. 

Be  it  further  enacted — that  all  claims  held  by  virtue  of 
laws  heretofore  in  force  shall  be  regarded  as  vested  property 
and  no  person  so  holding  them  shall  be  disturbed  in  the  posses- 
sion thereof. 

Section  13. 

Be  it  further  enacted:  that  when  water  is  claimed  for 
Gulch  Mining  and  Quarts  Mill  purposes  on  the  same  stream — 
neither  shall  have  more  than  one  half — unless  there  shall  be 
sufficient  for  both  when  priority  of  claim  shall  determine  their 
respective  rights  to  the  same. 

Section  14. 

Be  it  further  enacted  that  if  two  or  more  persons  wish  to 
use  water  on  the  same  stream  or  ravine  for  Quarts  Mill  pur- 
poses— neither  shall  be  entitled  to  use  more  than  his  propor- 
tional share  of  w^ater,  and  in  case  there  should  not  be  sufficient 
water  for  all — priority  of  claim  shall  determine  the  right  to 
such  water. 

Section  15. 

Be  it  further  enacted  that  when  water  companies  are  en- 
gaged in  bringing  water  into  a  portion  of  the  mines — they  shall 
have  the  right  of  way  and  may  pass  over  any  road,  claim  or 
ditch — ^provided  the  water  shall  be  so  guarded  as  not  to  inter- 
fere with  any  vested  rights.^ 

'  In  the  other  copy  this  section  reads  as  follows :  Be  it  further  en- 
acted that  when  water  companies  are  engaged  in  bringing  water  into  any 
portion  pf  the  mines  within  this  District — they  shall  have  the  right  of 
way,  and  may  pass  over  any  Road,  Claim  or  Ditch — provided  the  water 
shall  be  so  guarded  as  not  to  interfere  with  vested  rights  and  provided 
adequate  compensation  is  paid  to  parties  damaged  thereby. 


1 


LAKE  DISTRICT  293 

Section  16. 

Be  it  further  enacted  that  chiims  of  every  kind  except 
discovery  mining  claims  mnst  be  recorded  unless  the  same  are 
worked  or  used  according  to  law. 

Section  17. 

Be  it  further  enacted  that  the  laws  and  customs  observed 
in  mining  regions  within  the  United  States — relating  to  mining 
under  building  lots  —  upon  Ranche  —  farming — and  other 
claims,  shall  be  observed  in  this  District. 

Section  18. 

Be  it  further  enacted,  that  if  any  person  shall  locate  a 
Tunnel  for  the  purpose  of  discovery — he  shall  first  file  a  speci- 
fication of  the  same  with  the  Recorder,  whose  duty  it  shall  be  to 
record  the  same  upon  payment  of  his  fees.  The  said  specifica- 
tion shall  definethe  place  of  commencement  and  the  temiination 
of  the  Said  Tunnel — together  with  the  names  of  the  parties  in- 
terested therein. 

Section  19. 

Be  it  further  enacted — that  any  person  or  persons  engaged 
in  working  a  Tunnel — provided  he  or  they  shall  comply  with  the 
requirements  of  the  law — shall  be  entitled  to  Two  hundred  and, 
fifty  feet  on  each  side  of  the  same — of  all  Lodes  discovered  in 
consequence  of  the  M^orking  of  the  Tunnel — and  such  portions 
of  the  Lodes  as  thej  are  entitled  to  in  consequence  of  such  dis- 
covery shall  be  held  by  them  as  discovery  claims,  provided  they 
do  not  interfere  with  vested  rights,  and  if  it  shall  appear  that 
claims  on  the  line  of  said  Tunnel  are  recorded  so  that  the  re- 
quired number  of  feet  cannot  be  taken  next  to  the  same,  they 
may  be  taken  upon  any  part  thereof  not  recorded  and  unworkod. 

Section  20. 

Be  it  further  enacted — that  any  person  or  persons — work- 
ing a  Tunnel  provided  he  or  they  shall  comply  with  the  rcciuire- 


294  GILPIN  COUNTY  RECORDS 

ments  of  the  law — shall  be  entitled  to  the  following  space  of 
ground  for  the  purpose  of  depositing  Quarts  and  other  rock^ — 
vis — one  hundred  feet  in  width  on  each  side  of  the  center  of  the 
Tunnel  at  its  commencement  and  one  hundred  feet  in  length  or 
so  much  thereof  as  may  be  thus  held  without  interfering  with 
vested  rights. 

Section  21. 

Be  it  further  enacted — that  the  person  or  persons  engaged 
in  working  a  Tunnel — shall,  after  the  same  is  legally  located 
and  recorded,  have  the  priority  of  right  to  all  Lodes  discovered 
on  the  line  thereof,  from  its  mouth  to  its  termination  and  shall 
have  the  right  of  way  through  all  Lodes  which  lie  in  the  course 
of  said  Tunnel. 

Section  22. 

Be  it  further  enacted — that  other  questions  not  settled 
by  the  provisions  of  this  Act — arising  out  of  riparian  rights — 
shall  be  settled  according  to  the  common  law  rules. 

Section  23. 

Be  it  further  enacted  that  any  person  shall  be  entitled  to 
hold  one  Claim  on  each  Lode  by  preemption. 

^  In  the  duplicate  the  words  "or  dirt"  are  inserted  at  this  point. 


COOPER  DISTRICT 


MINUTES^ 


At  a  Meeting  of  the  voters  of  Silver  Creek  held  at  the  house 
of  Smith  Shannon  and  Co  on  the  26th  Oct  1861  for  the  purpose 
of  organizing  a  new  district  out  of  the  Xorthwest  portion  of 
Silver  Lake  District,  Edward  Van  Endert  was  appointed  chair- 
man and  J.  R.  Adams  secretary 

On  Motion  the  following  Boundaries  were  unanimously 
adopted.  Commencing  at  the  South  West  corner  of  Hawk  Eye 
District  running  West  to  the  summit  of  the  Bald  Mountain  be- 
tween Silver  Creek  and  Pine  Creek,  following  the  divide  North 
to  the  line  of  Independent  District,  thence  East  on  said  line  to 
the  Boundary  of  Hawk  Eye  District,  thence  South  on  said  line 
to  the  place  of  beginning. 

On  motion  it  was  adopted  that  this  shall  be  hereafter  called 
the  Cooper  District 

On  motion  it  was  unanimously  adopted  that  we  be  governed 
by  the  By  Laws  of  Independent  District  in  every  particular. 

*  Manuscript  found  among  the  Sayre  Papers.  No  other  records  of  the 
district  were  found. 


205 


1 


LIST  OF  DOCUMENTS,  1859-1861 

IN  THE  OFFICE  OF  THE  COUNTY  CLERK  OF 
GILPIN  COUNTY  AT  CENTRAL  CITY 


I 


GREGORY  DISTRICT. 

Book  A.     Record  of  claims,  1859.    Laws  of  July  16,  1859,       J 

cover  pp.  157-162.    A  sheet  of  printed  laws  was  found       ^ 

in  the  same  volume. 
Book  A  2d.     Record  of  claims,  1859.     District  laws  of 

February,  1860,  cover  pp.  454-473. 
Book  B.     Record  of  claims,  1859. 
Book  B,  2d.     Record  of  claims,  1859.     District  laws  of 

February,  1861,  cover  pp.  163-168. 
Record  C.     Record  of  claims.      District   laws   cover  pp. 

420-421. 
Book  D.     Record  of  claims,  1860-1861. 
Record  E.     Record  of  claims,  1861. 
Book  F.     Record  of  claims,  1861. 

Miners'  court  docket,  January  30,1860 — January  15,1861. 
Miners'  court  docket,  October  12,  1860 — October  14,  1861. 
Lode  book. 
Index  of  claims,  2v. 
Index. 
District  index. 

RUSSELL  DISTRICT. 

Book  of  claims,  1859-1860. 
Lode  book,  1859-1860. 
Index  C  to  records  of  claims. 
Book  D.     Record  of  claims,  1860. 
Book  E.     Record  of  claims,  1860. 
Book  F.     Record  of  claims,  1860. 
Book  G.     Record  of  claims,  1860. 
Book  H.     Record  of  claims,  1861. 

296 


LIST  OF  DOCUifENTS,   1859-1861  297 

BAY  STATE  DISTRICT. 

Book  B.     Laws  and  resriilation?,  July  19,  1850.     Record 

of  mining  and  ranch  claims. 
Claim  book  B.,  1861. 

EUREKA  DISTRICT. 

Book  A.     Record  of  preemptions,  July  21 — December  19, 

1859,  and  record  of  sales. 
Book  B.     Constitution  of  1859  and  claim  record. 
Book  C.     Record  of  claims,  1860. 
Book  D.     Record   of  claims   and   attachments   issued  by 

the  miners'  court,  1860. 
Book  E.     Record  of  claims,  1861. 
Index  book. 

Index  of  books  B  and  D. 

Laws,  minutes,  and  election  returns,  1860-1861. 
Court  docket,  January  7,  1860 — January  2,  1861. 

PLEASANT  VALLEY  NUMBER   10    DISTRICT. 

Lode  book. 

Laws  of  1859,  minutes,  and  records  of  claims.     Unbound 

but  held  together  by  a  leather  cover. 
Record  of  claims,  1859-1861. 
Claim  index,  1860-1861. 

QUARTZ  VALLEY  DISTRICT. 

Book  A.     Record  of  claims,  1860. 
Book  B.     Record  of  claims,  1860. 
Index  to  book  A. 
Index. 

NEVADA  DISTRICT. 

Record  of  preemptions,  1859. 
Book  A.     Record  of  claims,  1859. 
Book  B.     Record  of  claims,  1860. 
Book  C.     Record  of  claims,  1860. 
Book  D.     Record  of  claims,  1860. 
Book  E.     Record  of  claims,  1861. 
Book  F.     Record  of  transfers,  1861. 
Lode  book. 


298  GILPIN  COUNTY  RECORDS 

NEVADA  DISTRICT — contiiiued. 
General  index,  2v. 
Index  of  transfers. 

WISCONSIN  DISTRICT. 

Record  of  claims,  1860.  District  laws  of  1860  and  min- 
utes of  miners'  meetings  cover  pp.  1-5,  and  pp.  462- 
467. 

Laws  and  minutes  of  x\ugust,  1860.  Record  of  mining  and 
ranch  claims. 

Laws  of  December,  1860,  and  minutes  of  miners'  meetings, 
1860-186L 

Record  of  claims,  1860. 

Lode  book. 

CLIMAX  DISTRICT. 

For  organization  of  the  district,  see  Wisconsin  District, 
Book  C,  pp.  1-6. 

CENTRAL  DISTRICT. 

Book  A.     Record  of  claims,  1860-1861. 

Book  No.  1.     Bills  of  sales,  transfers,  etc.,  1860-1861. 

Index  of  lodes. 

INDEPENDENT  DISTRICT. 

Book  labeled  Wisconsin  District  ISTo.  1,  contains  Independ- 
ent District,  Record  of  claims,  1860,  and  minutes  of 
miners'  meetings. 

Lode  book,  1860. 

Lode  book,  1861. 

Book  B.     Mining  claims  and  sales,  1861. 

Book  C.     Mining  claim  sales,     1862. 

Book  D.     Record  of  claims,  1861-1862. 

Record  of  preemptions  and  conveyances,  1860,  for  Central 
and  Independent  districts. 

Records  of  preemptions,  1861.    2v. 

Court  Docket,  1861. 


LIST  OF  DOCUMENTS.   1859-1861  209 

FAIRFIELD   DISTRICT, 

Journal  of  the  meetiTigs  of  the  citizens,  1800-1801.  This 
contains  the  hnvs  and  minutes.  The  journal  is  un- 
bound and  filed  with  the  Gregory  District  records. 

Record  of  claims,  1861. 

ILLINOIS   CENTRAL  DISTRICT. 

Book  2.  Record  of  sales  of  claims,  1860-1861. 
Book  3.  Record  of  sales  of  claims,  1860-1861. 
Book  1.     Record  of  sales  of  claims,  1861.     A  nnitilatod 

sheet  of  articles  of  the  miners'  law  was  found  in  the 

volume. 
Book  4.     Records  of  meeting's  of  citizens  of  ^lissouri  City, 

Burtonville,  and  Fall  River  City  and  map  of  Bortons- 

burgh. 
Lode  books.  2v. 
Index  to  deeds. 
General  index. 

HAWK  EYE  DISTRICT. 

Book  A.     Record  of  claims,  1860-1861.     Resolutions  and 

laws  cover  pp.  21-25. 
Resolutions  and  laws  of  July,  1860.    Also  record  of  claims. 

Unbound  sheets. 
Laws  of  1861. 
Lode  book,  1860. 

Book  B.     Record  of  claims,  1861. 
District  index. 

SOUTH  BOULDER  DISTRICT. 

Records  of  claims.     Page  3  contains  minutes  of  iiiincrs' 

meetings,  1860. 
Revised  laws,  March,  1861.     Two  mutilated  j)ag('s  of  the 

laws  of  the  district  were  found   among  SiKcr    Lake 

District,  Laws  of  1861. 
Book  A.     Lode  and  gulch  claims,  1860. 
Book  B,     Claims  and  transfers,  1861. 
Title  book,  May,  1861. 
Index. 


300  GILPIN  COUNTY  RECORDS 

SILVER  LAKE  DISTRICT. 

Laws,  January-September,  1861.     Eecord  of  claims. 

Book  A.     Claims,  1861. 

Index. 

SPRING  GULCH  DISTRICT. 

Book  A.     Record   of   building   lots    and    mining  claims. 

Map  of  Springfield  City. 
Lode  book,  1860. 
Book  B.     Record  of  claims. 
Index.     See  Central  City  District. 

LAKE  DISTRICT. 

Book  B.     Record  of  claims,  1860. 

Book  B.     Record  of  mining  claims  and  town  lots. 

Book  B.     Missouri  Gulch,  record  of  claims. 

Book  C.     Record  of  conveyances,  powers  of  attorney,  etc. 

Minutes  of  miners'  meetings,  1861,  cover  pp.  la-8. 
Record  of  mortgages,  deeds,  etc.,  1861. 
Index  to  book  1.    Book  1  was  not  found. 
Index  to  lode  claims. 

UNION  DISTRICT. 

Book  of  claims  and  deeds,  1860. 

ENTERPRISE   DISTRICT. 

Book  B.     Record   of   claims,    deeds,    etc.,    and    oaths   of 

office,  1860. 
Lode  book,  1860-1861. 
Book  A.     Record  of  claims,  1861. 
Book  C.     Records  of  claims,  1861. 
Index  to  book  C. 

PHOENIX  DISTRICT.^ 

Record  of  mining,  mill,  and  water  claims,  1860-1861. 
Lode  book,  1860-1861. 

CENTRAL  CITY  DISTRICT. 

Book  A.     Claim  book,  1861. 

Spring  Gulch  District  index,  pp.  50-62,  contains  records  of 
Central  City  District  lode  claims. 
*  Phoenix  was  sometimes  spelled  Phaenix. 


LIST  OF  DOCUMENTS,   1859-1861  301 

KANSAS  DISTRICT. 

Book  of  claims,  1861.     This  district  was  annexed  to  Silver 
Lake  District. 

MOUNTAIN   HOUSE  DISTRICT. 

Book  of  claims  and  sales,  1861. 


INDEX 


Adams,  J.  R.,  295. 

Addis,  John,  123. 

Administrator,  35,  274. 

Affidavits.  28-29,  58,  134.  168. 

Ainslee,  George,  43,  45. 

Akin,  R.,   153. 

Alexander,  J.  H.,  96,  97. 

Allen,  Charles,  73,  274. 

Allom,  I.  F..  143. 

Allyn,  Mark,  268,  270. 

Anderson.  John  C,  43. 

Andree,  E.  W.,   173. 

Andrews,  Ira,  153. 

Appeals,  61,  76,  87-88,  150,  164-165, 
168,  182,  219,  224-225,  227,  252, 
278,  286. 

Appellate  Court,  135,  137. 

Arapahoe  County,  Kansas,  p.  XIII. 

Arbitrators,  70,  "82,  83,  84-85,  86-87, 
88,  93,  96,  101-102,  280,  287. 

Arkansas  River  mines,  p.  XII. 

Arkansas  River  route,  p.  XI. 

Arndt,  J.  Wallace,   153,   154. 

Arson,  63,   194-195,  245. 

Attachments.  29,  59,  88,  163,  239, 
252,  283-284. 

Attorneys,  24,  28,  31,  56,  58,  61, 
105,   185,  252.     See  La\vyers. 

Auctions,  91,  94. 

Auraria,  p.  XI;  dispute  with  min- 
ers,   16-18,   51-52. 

Babcock,  C.  171,   173. 

Babcock.  Joseph.   166. 

Backus,  W.  H.,  230. 

Backus'  Mill,   144. 

Baker,   William  M.,  53. 

Bald  Mountain,  1.S0.  295. 

Banishment,  229,  245. 

Barns,  O.  F.,  271,  272,  273,  276,  277. 

Bams,  Orsamas.  273,  274,  275. 

Bartlett,  E.  G.,  109,  146,  148,  149, 
150. 

Bates,  William  H.,  19,  43,  46. 

Bates  and  Company,  6. 

Bay  State  District,  laws,  resolu- 
tions, and  minutes,  69-77. 

Bearce,  Horatio  B.,  41,  135. 


BeelK?.  T.  Dwifjht.  97. 

Belden,  L..  47. 

Bell,  J.  W.,  97. 

Bell,  W.,  96. 

Bennet,  John,  276. 

Bennet,  W.  H.,  273. 

Berry,    Charles,    96,    99. 

Berry,  H.,  85.  96. 

Beverly,   J.,    123. 

Bibbins.   X.   E..  273. 

Bills  of  sale,  13,  21. 

Bissell,   Dr.  C.  R.,    16,  36,  43. 

Bissell,  E.  G.,  4(i. 

Black  Hawk  Milling  Company,  41; 
vs.  The  Consolidated  Ditch  Com- 
pany. 43-45. 

Black' Hawk   Point,  36. 

Blair,  A.  H.,  117,   118. 

Blair,  W.  T.,  79. 

Blaisdell  (Blaizdell),  P.  D.,  264, 
265. 

Blue  River  mines,  p.  XII. 

Bolan,  M.  J.,  150. 

Bond,  Judge,  137. 

Bonds,  21,  38.  63-64,  83,  103,  112, 
150,  167,  168,  200,  212.  215,  220 
228,  261,  275. 

Bonesteel,  J.  P.,  96. 

Borton,  L.  W.,  225. 

Borton,  S.   W.,  209. 

Boulder,  first  settlers,  p.  XI. 

Boulder  Gulch,   149. 

Boundaries,  Gregory  District.  11,  19, 
46;  Russell  District,  4S.  53,  64- 
65;  Bay  State  District,  69;  Eu- 
reka District,  78.  97,  9H,  101-102; 
Quartz  Valley  District.  121;  Ne- 
vada District.  124.  131-132,  136, 
137;  Wisconsin  District.  146-147, 
155;  Climax  District,  171;  inde- 
pendent District,  177.  180,  195; 
Fairfield  District,  197:  liliiiois 
Central  District,  209-210:  Hiiwk 
Eve  District,  246;  South  Boulder 
District,  247-248;  Silver  Lake  Dis- 
trict, 262. 

Bowers,  L.  G.,  175. 


303 


304 


GILPIN  COUNTY  RECORDS 


Bowles    (Bowls),   J.    W.,    123,    128, 

129,  138,  141. 
Boyd,  A.  J.,  96. 
Bridges,  205. 
Briscoe,  R.  M.,  151. 
Brisee,  R.  M.,   179. 
Brizee,  George   Watson,    16,   17,   19, 

36,  46,  47,  54,  78,  101. 
Brown,  S.,   166. 
Brown  and  Company,  6. 
Buckmiller,  A.  E.,  43. 
Bugby,  0.  C,  96. 
Bundy,  J.  M.,  272,  274. 
Burget,  Hiram,  206. 
Burrell,  James.  94,  97. 
Burroughs,  Alfred,  99. 
Burroughs,  B.,  123,  126. 
Burroughs  and  Company,  122,  123. 
Butchers,   133. 
Byers  and  Company,  268. 

Cadwell,  William  H.,  263,  265,  266. 

Capuchin,  Gov.  of  New  Mexico,  sends 
explorers  to  the  San  Juan  coun- 
try, p.  VII. 

Card,  Stephen  V.,   153,   168. 

Carey,  Theodore,  74. 

Carey,  William  F.,  75,  76. 

Carleton,  Thomas,  43. 

Castello,  James,  138. 

Casto,  Dr.  Joseph,  4,  10. 

Casto,  Kendall,  and  Company,  6,  7. 

Cattle,  133,  142,   149. 

Central  City  District,  142. 

Central  District,  minutes  of  May  15, 
1860,  p.  175;  news  item  from 
Lump  Gulch,  175-176. 

Challenges,  252. 

Change  of  venue,  39-40,  105,  114, 
125,  129. 

Chapezes'  cattle  yard,  142. 

Chase,  B.  F.,  19,  51,  52,  110. 

Chase's   Gulch,   36. 

Citizenship,  see  Suffrage. 

Civil  actions,  57-60. 

Claim  jumping,  34,  86,  122,  127,  151, 
228,  232,  274. 

Claims,  Gregory  District,  11,  12,  13, 
14,  20-23,  34-35,  36-37;  Russell 
District,  48-49,  50,  51,  58,  65-67; 
Bay  State  District,  69-70,  71,  72, 
73,  75;  Eureka  District.  80.  85, 
86,  90,  94,  98,  100-103,  104,  107; 
Pleasant  Valley  Number  10  Dis- 
trict,   108-109,    111,   113,    115-116, 


117,  120;  Nevada  District,  122, 
126,  127,  128,  129,  130-131,  132- 
133;  Wisconsin  District,  147-148, 
149,  150,  152,  154,  156-159,  166- 
167;  Climax  District,  172;  Cen- 
tral District,  175;  Independent 
District,  178,  179,  186-187,  190- 
192,  193-194;  Fairfield  District, 
198-199,  200,  203,  206;  Illinois 
Central  District,  210-214,  219- 
220,  223,  226,  227,  228,  229;  Hawk 
Eye  District,  230,  231-232,  237, 
241-243,  245;  South  Boulder  Dis- 
trict, 247,  256-260,  261;  Silver 
Lake  District,  263,  264-265,  266; 
Lake  District,  274,  289-294. 

Clarke,  J.  P.,  99. 

Clayton's  Mill,  144. 

Clements,  A.  H.,  39. 

Clements,  C.  B.,  46. 

Clerk  of  the  court,  24,  25,  27,  56, 
57,  60,  104,  161.  203-204. 

Climax  District,  petition  to  be  an- 
nexed to  Wisconsin  District,  155; 
minutes  and  laws  of  1860,  pp.  171- 
174. 

Coats,  William  W.,  143. 

Cobb,  Frank  M.,  109,  111. 

Cobb,  M.  D.,  85. 

Cochran,  John,   52. 

Cockrell,  James,  leads  prospectors 
to  Raton  Mountains,  p.  VIII. 

Colly,  S.  G.,  271,  272,  273,  274,  278. 

Colman,  King,  and  Company,  6. 

Colorado  City,  first  settlers,  p.  XL 

C.  O.  C.  and  P.  P.  Express  Com- 
pany, 97. 

Colver,  J.  W.,  46. 

Commissioners,  28,  162,  283. 

Complaints,   57,    161,    181,   217. 

Conant,  W.  L.,   173. 

Connor,   T.,   273. 

Consolidated  Ditch  Company,  41-42, 
129-130,   134. 

Constable,  Russell  District,  54,  55, 
57,  62;  Eureka  District.  80,  81, 
82,  88,  96 ;  Pleasant  Valley  Num- 
ber 10  District.  Ill,  112;  Wiscon- 
sin District,  150,  151 ;  Climax  Dis- 
trict, 171,  172,  173;  Illinois  Cen- 
tral District,  214,  215,  220-221, 
227;  Quincy  District,  271,  278. 

Contempt  of  court,  33,  56,  106,  136, 
216,  281. 


INDEX 


305 


Contracts.  21,  30,  59-60,  164,  200, 
211-212,  285. 

Conveyance,  13,  258. 

Cook,  William,  74. 

Cooper,  H.,  262. 

Cooper   District,   minutes,   205. 

Copeland,  D.  F.,  263. 

Copeland,  S.,  206. 

Costs.  60,  61,   164,  286. 

Courthouse,  107. 

Court  of  appeals,  60. 

Courtright,   R.,   115. 

Courts,  Gregory  District,  24-30; 
Russell  District,  55-61 ;  Eureka 
District,  80,  92,  103-105;  Pleasant 
Vallev  Number  10  District,  111; 
Nevada  District,  134,  136;  Wis- 
consin District,  148.  149,  150, 
160;  Independent  District,  181- 
183;  Illinois  Central  District,  215- 
223,  225,  226,  227;  Hawk  Eye 
District,  234-237;  South  Boulder 
District,  248-253;  Lake  District, 
278,  281-288. 

Cowan,  R.  R.,  51,  52. 

Cowenhoven,   H.   P.,   43. 

Craig,  Samuel  T.,  71. 

Craine,  Dr.  A.  A.,  47. 

Cree,  John,  85,  89,  94,  96. 

Crimes,  32-33,  37-38,  56,  62-64,  106, 
160,  169,  194,  223,  226,  228-229, 
245,  248,  254-255,  288. 

Crippin,  I.,  273. 

Crow,   H.,   96. 

Crummel,  R.,  76. 

Cummings,  John,  197. 

Cumniings,  Samuel,  201. 

Cuningham,  T.  H.,  273. 

Daggett,  John  F.,  86,  89,  90,  91,  92. 

Dale,  M.  H.,  122,  124. 

Dancing,   135. 

Darlington,  R.  D.,  123.  124,  125, 
120,  127,  128,  129,  130,  131,  132, 
134,  135,  139,  141,  144,  145. 

Davis,  Joseph,   80. 

Deadwood  District,  247. 

Dean,  J.  B.,  85. 

Dean,  R.  C,  97. 

Debts,  30,  59,  164,  185,  238,  249, 
284-285 

Deeds,   21.    66,    148,   200,   212,   2.58. 

Defrees,  Wilk,   10. 

Defrees  and   Company,   6. 


Defrees  and  Ziegler  Indiana  Compa- 
nies,  7. 

Demurrers,  27.  57-58.  161-162.  217, 
282. 

Denver,  founded,  p.  XI ;  dispute 
with  miners,  16-18.  51-52. 

Depositions.  28,  58,  162.  251. 

Deputies.  25,  180,  183-184,  236. 

Dewev.  J.  W.,  202,  204,  205. 

Dick.' John.  273. 

Dillon,   William,   209. 

Disputes,  settlement  of.  Gregory 
District.  12:  Russell  District.  49*; 
Bay  State  District,  70.  73,  74.  76; 
Eureka  District.  84-85;  87-88; 
94-95.  104;  Pleasant  Vallev  Num- 
ber 10  District,  109.  Ill;  Wiscon- 
sin District.  148.  151-152,  159; 
Hawk  Eye  District,  232;  Silver 
Lake  District,  264;  Lake  District, 
276,  277. 

Districts,  p.  XIV;  Gregory,  1-47: 
Enterprise,  146;  Russell',  48-68; 
Bay  State,  69-77;  Eureka,  78- 
107;  Pleasant  Vallev  Number  10, 
108-120;  Quartz  Valley.  121;  Ne- 
vada, 122-145;  Central  City.  142; 
Wisconsin.  146-170;  White  Quail. 
149-150;  Independence,  151-1.')2: 
Climax,  171-174;  Central,  175- 
176;  Independent.  177-196;  Fair- 
field, 197-208:  Illinois  Central, 
209-229;  Hawk  Eye,  2.30-246; 
Phoenix,  247 ;  Deadwood,  247 ; 
South  Boulder,  247-261  ;  Silver 
Lake,  262-266;  Kansas,  265; 
Spring  Gulch,  267-270;  Quincy, 
271;  Lake,  271-294;  Cooper.  295; 
Mountain  House,  301. 

Ditches,  22.  64,  67,  113-114.  129-130, 
134.     (S'ce  Water  rights. 

Dittes,  Ben..  118.  119.   120. 

Dodge,  Col.  Henry,  expedition  to  the 
Rocky  Mountains,  p.   VIII. 

Doe  and  Cf>inpany'«   Mill,  91. 

Doggerty.  Thomas,  54. 

Douglas.    William.    71. 

Diak.-.    L..   272. 

l)ii?in,   B.    K.,    177. 

Dimsliee,  A.   F.,    115.    116. 

Duiistan,  John   H.   H..    175. 

Dnnston,   'lliomaH,    175. 

Eagle  Ciil.li.    11(1. 


306 


GILPIN  COUNTY  RECORDS 


Ebi,  D.,  100. 

Edwards,  A.  J.,  127. 

Edwards,  H.  C,  46. 

Ejectment,  188-189,  240-241. 

Elections,  Gregory  District,  12-13 ; 
Eureka  District,  81,  85-86,  92,  9.5- 
97,  99;  Pleasant  Valley  Number 
10  District,  111;  Nevada  District, 
122,  126-127,  135,  137,  138,  139, 
141;  Wisconsin  District,  150,  151, 
153,  159,  166,  167,  168,  169,  170; 
Climax  District,  171-172;  Inde- 
pendent District,  179,  180-181, 
183;  Fairfield  District,  201,  202, 
206,  207 ;  Illinois  Central  District, 

215,  224;  Hawk  Eye  District,  233, 
236;  Silver  Lake  District.  262, 
263. 

Elkhorn  Gulch,   118. 

Elmore,  John,  84. 

Elwick,  William,  73. 

Ely,   C.   L.,   143. 

Emmerson  (Emerson),  W..  197,  200. 

202,  203. 
Empire,  139. 
Engineer,  142,  143. 
Enterprise      District,      incorporated 

with  Gregory  District,  46. 
Equity    jurisdiction.    27-28.    31,    56, 

58.    104.    133.    160-161,    162,    165, 

216.  253-254,  281. 

Errick  Gulch,   146,  149,  168-169. 
Eureka    District,    first    resolutions, 

78;  minutes  of  1860  and  1861,  pp. 

78-101;   laws  of  May  9,  1860,  pp. 

101-107. 
Eureka   Gulch   road,   80,   82. 
Eureka  mill,  144. 
Eureka  Quartz   Crushing  Company, 

97    99. 
Evidence.   28,   58,   93.    162.   218-219, 

283. 
Executions,  31.  33,  38-39,  61-62,  63, 

88,    112,    184,    221,    223,    236-237, 

253,  286-287,  288-289. 
Exemptions,  105-106,  254,  289. 

Fairchild,   P.   J.,  265,   266. 
Fairfield  District,  minutes  and  laws, 

197-208. 
Fairplay  mines,  p.  XII. 
Fassett,  C.  S.,  68. 
February  Gulch,  146. 


Fees,  14,  30,  55,  60,  80,  87,  92,  94, 
103,  112,  124,  150,  156,  166,  172- 
173,  178,,  183,  192-193,  215,  221, 
222-223,  225,  226,  228,  231,  236, 
244,  250-251,  279-280. 

Fines,  33,  38,  56,  106,  228,  281. 

Fisher,  Isaac  K.,  76. 

Fisk,  C.  W.,  43. 

Fitts,  E.  B.,  177. 

Fitzpatrick,  J.  B.,  99,  100. 

Flarey,  William,  73. 

Fleming,  Death,  277. 

Floyd,   N.,   273. 

Foote  and  Simmons  Company,  6. 

Ford,  Anson,  118,  119,  120. 

Ford,  Jesse,  85. 

Foreclosure,  28,  58,  92,  218,  283. 

Fonts,  William,  7. 

Fowler,  P.  Q.  A.,  81,  99. 

Freas,  L.  M.,  78. 

French  penetration  to  Santa  Fe,  p. 
VII. 

Fries,  John,  78. 

Fries.  J.  W.,  123,  124. 

Fry,  T.,  85. 

Fur  traders,  p.  VIII. 

Gamble  Gulch,  180,  195,  246,  247. 

Gambling,  84,  125,  136,  172,  176, 
195. 

Garnishee  process,  29.  59,  163,  187, 
219,  239-240,  252,  284. 

Gates,  C.  A.,  273. 

Gault,  E.  M.,  209. 

(Settings,  Thomas.   96. 

Gibbs,  L.,   169. 

Giddings,  Thomas  C,  124,  127,  132. 

Gilpin,  Gov.  William,  early  trips  to 
the  Rocky  Mountains,  p.  IX. 

Glazier,  H.  E.,  117,  118. 

Gold,  early  discoveries  of.  in  Colo- 
rado, pp.  VII-IX;  rush  of  1859, 
pp.  IX-XII. 

Gold   Dirt,    195. 

Gold  Dirt  lode,  176. 

Golden  City,  18. 

Gold  Hill  strike,  p.  XII. 

Gold  Mountain,  209. 

Gold  Run,  209. 

Good  Templars,  143. 

Goodwin,  George  H.,  79,  80,  101. 

Gorsline,  W.  R.,  96. 

Graham,  Harvey  L.,   74,   75,  77. 

Graham,  Hiram  J.,  delegate  to  Con- 
gress, p.  XIII. 

Graves,  W.  P.,  148,  149. 


INDEX 


307 


Gray,   W.   H.,   262. 

Greeley.  Horace,  speech  to  the  Greg- 
ory District  miners,  1-3;  report 
on   Gregory   District   mines,   4-10. 

Gregory,  John  H.,  gold  strike  near 
Central  Citv,  p.  XII;  sketch  of, 
7-8. 

Gregory  District,  mass  meeting  of 
June  8,  1859,  pp.  1-4;  report  of 
Horace  Greeley,  A.  D.  Richardson, 
and  Henry  Villard  regarding 
mines,  4-10;  first  laws,  10-12; 
laws  of  July  16,  1859,  pp.  12-15; 
meeting  of  October  29,  1859,  pp. 
16-18;  laws  of  February  18  and 
20,  1860,  pp.  18-33:  meeting  of 
May  25,  1860,  pp.  34-36;  an  elec- 
tion, 36;  laws  of  February,  1861, 
pp.  36-40;  mass  meeting  of  April 
20,  18/61,  pp.  40-42;  miners'  meet- 
ing of  April  22,  1861,  pp.  42-45; 
law  of  June  3,  1861,  p.  46;  pri- 
mary meeting  of  July  18,  1861, 
pp.  46-47 ;  secession  of  Eureka 
District,  78;  laws  adopted  by  Eu- 
reka District,  103;  portions  of 
laws  adopted  by  Independent  Dis- 
trict, 178-179. 

Gregory  Point,  196. 

Griffith,  William  W.,  264,  265. 

Grumes,  B.,  273. 

Guest,  G.  S.,  273. 

Guest,   S.   F.,   273. 

Guild,  A.  E.,  143,  144,  262. 

Hagus,  C,  273. 

Haine,  J.  E.,  273. 

Haines.   David,  73. 

Hale,  J.  A.,  43. 

Hall,  Capt.  J.  F.,  119.  120,  273. 

Haman  House,  36,   137. 

Hambel,  J.  R.,  96. 

Hambleton,  I.  W.,  41,  42. 

Hamilton,  J.  W.,  1.32. 

Hamilton,  Louis,  99,  100.  101. 

Hammit    (Hammitt),    Hiram,    177, 

179. 
Hammond,  E.   P.,   166,   168. 
Hannan,  J.  P.,  202,  206. 
Harper,  J.   R.,   81. 
Harriman,  G.  W.,  96,  98,  99,  100. 
Hart,  G.   W.,   128,   129. 
Haskell,  N.  D.,  90,  99,   100.   101. 
Haskins,  J.  A.,  96. 
Hawk  and  Nuckolls,  136. 


Hawk  Eye  District,  laws  and  min- 
utes of  1860,  pp.  230-24(i:  laws 
adopted  by  Silver  Ijike  District, 
2(i5-2(!6. 

Hawkins.   G.   W..    154. 

Haymer.  R.  W.,  273. 

HaVward.  R.  H.,  272.  273,  274,  275, 
27(1,  277.  278. 

Heffenor.   T.   L.,    177. 

Heimer,  J.,  273. 

Henderson,  E.  W..  89.  92.  93.  96. 

Hendrickson.  W.  P..  171. 

Henry.  J.  P.,  268. 

Hickman,   E.   A.,   84,  89. 

Highways,  see  Roads. 

Hinse,  John  H..  81. 

Hodge,  M.  E.,  273. 

Hollev,  E.,  96. 

Hoover.  C.  J.,  79,  81. 

Hopkins.  G.  G.,  118. 

Horse  thieves,  17(i. 

Houses  of  prostitution,  125,  195. 

Howard,  F.,  110.  116,  117,  118. 

Howard,  H.  R.,   153. 

Howe,  F.  Y..  121. 

Hubard,  M..  273. 

Hucv,  M.  G.,  168. 

Hull,  J.  W.,  179. 

Hunter,  B.  F.,  179. 

Hunter,  R.,  202. 

Hunter,  Thomas,  47. 

Huntington,  .John,  73. 

Hurlbut,  William  H.,  121. 

Idaho  Springs  gold  strike,  p.  XII. 

Illinois  Central  District,  laws,  200- 
225 :  amendments,  225-227 ;  pro- 
posed laws,  228-229. 

Illinois  Gulcli,  209. 

Impeachment,  25(i. 

Independence  District,  attached  to 
Wisconsin    District,   151-152. 

Independent  District,  minutes,  177- 
179;  laws  of  February  15,  lS(il, 
pp.  179-196;  laws  of,  adopted  by 
Cooper  District.  295. 

Injunctions,  42,  56.  88,  281. 

InU-rest,  98. 

Iowa  Mountain,  230. 

.Jackson,  George  A.,  ;.'(il<i  sfiike  near 

Idaho  Spriii;:^,   |i.    X  I  I. 
.Jacobs,    Mans,   27<l. 
.lames,   Edwin,  51,  52. 
.lameson.  .\.,   175. 
Jaiincv.    I..    Uiti,    1(17. 


308 


GILPIN  COUNTY  RECORDS 


Jefferson  Canyon,  247. 

Jefferson  Territory,  see  Territory  of 
Jefferson. 

Johnson,  H.  A.,  132, 

Jones,  G.  J.,  179. 

Jones,  John,   126,   127,   128,   132. 

Jones,  S.  G.,  and   Company,   7. 

Jones  and  Russell,  freighters,  2 ;  see 
also  Leavenworth  and  Pike's  Peak 
Express  Company. 

Judge  of  the  Miners'  Court,  Greg- 
ory District,  24,  25,  26,  27,  33,  38, 
40;  Russell  District,  54,  55,  56, 
57,  60-61,  63,  64;  Bay  State  Dis- 
trict, 76.  77;  Eureka  District,  79, 
82,  85,  87,  88,  92,  93,  95,  96,  103, 
104,  106;  Pleasant  Valley  Num- 
ber 10  District,  108,  110,  111,  112; 
Nevada  District,  134,  138,  139, 
141;  Wisconsin  District,  155,  160; 
Independent  District,  178,  181- 
184,  186,  187,  188,  189;  Fairfield 
District,  203,  206 ;  Illinois  Central 
District,  214,  215-223,  224,  225, 
228  ;  Hawk  Eye  District,  234-237  ; 
South  Boulder  District,  248-249; 
Spring  Gulch  District.  267,  268, 
269;  Silver  Lake  District,  262, 
264;  Lake  District,  278,  281,  287. 

Juries,  Gregory  District,  12,  14,  25, 
30-31,  32,  40;  Russell  District,  49, 
57,  60,  61;  Bay  State  District, 
77;  Eureka  District,  80,  88,  J04, 
105 ;  Pleasant  Valley  Number  10 
District,  109,  111-112;  Wisconsin 
District,  148,  150,  164,  165;  Inde- 
pendent District,  182;  Illinois 
Central  District,  216-217,  220, 
223.  225,  228,;  Hawk  Eye  District, 
234-237,  244,  246;  South  Boulder 
District,  250,  251,  252,  254,  256; 
Lake   District.   285-286,   287,   288. 

Justice  of  the  Peace,  Gregory  Dis- 
trict, 13,  14;  Eureka  District,  83, 
87 ;  Pleasant  Valley  Number  10 
District,  111,  112,  117,  119,  120; 
Nevada  District,  124,  125;  Wis- 
consin District,  168,  169;  Illinois 
Central  District,  225 ;  South  Boul- 
der District,  248,  249-250,  261; 
Quincy  District,  271,  272,  278, 
280,  281. 

Kansas  District,  annexed  to  Silver 
Lake  District,  265. 


Kehler  and  Patten,   16. 

Kehler's  Point,  36. 

Kenosha  mill,   143. 

Kerr,  J.  A.,  264,  265. 

King,  George  W.,   154,   166,   168. 

King,   John,    121. 

Kinsey,   Thomas,   202. 

LaCrosse  mill,  143. 

Lake  District,  secession  of  Hawk 
Eye  District,  230;  minutes,  271- 
278;   revised  laws,  278-294. 

Lake  Gulch,  209. 

Lancton,  D.  S.,  273. 

Lane,  John,  171,  173. 

Langlands,  John,  274. 

Langrishe'a  theatrical  troupe,  144. 

Larceny,  see  Theft. 

Lasley,  J.  B.,  75. 

Lawler,  John,  273. 

Lawrence,  William,  202,  207. 

Lawrence   Party,   pp.   X-XI. 

Lawyers,  see  Attorneys. 

Leavenworth,  Capt.,  140. 

Leavenworth  and  Pike's  Peak  Ex- 
press Company,  4.  See  Jones  and 
Russell. 

Leavenworth  Gulch,  209. 

Leavitt,  Dr.  E.  S.,  43. 

Leavonworth,  J.  H.,  81,  93,  96,  97, 
99. 

Le  Fevre,  George,  97,  98. 

Leversee,  D.  J.,   139,   141. 

Levis,  0.  S.,  47. 

Levy  before  execution,  31-32. 

Levy  upon  execution,  38-39,  61-62, 
105-106. 

Liens,  28,  58,  95,  184,  189,  218,  225, 
236-237,  241,  258-259,  283. 

Lindsey,  Robert  C,  271. 

Link,  S.,  127. 

Link,   S.   M.,   125,   127,   128.  . 

Long's  Peak,  177. 

Lost   Creek,   247. 

Lump   Gulch,    175-176,   246. 

Lynn,  E.  A.,  262. 

Lyon,  Pullman,  and  Company,   142, 

McCabe,  Dr.  J.  W.,  122,  123. 
McCaley,  R.  B.,  273. 
McColmer,  J.  C,  273. 
McCook,  E.  M.,  132. 
McCraw,  D.  H.,  73. 
Mclntire,  52. 
McKaskall,  A.,  118,  119,  120. 


INDEX 


309 


McKeen,  M.  M.,  143. 

McLean,  Col.  Samuel,  IG,  17,  39,  43, 
47. 

McLeod,  A.,  175. 

Mailys,  John,  274. 

Mally,  J.,  273. 

Mammoth  Gulch,  177. 

Mammoth  City  Road  Company,  154. 

Mann,  Dr.,   129,   131,   132,   136. 

Marion,   Charles  P.,   142,   143. 

Marsh,  A.,  225. 

Marshall,  A.,   120. 

Mason,  Andrew,   137. 

Mason,  Benjamin,  36,  39. 

Masonic  Order,  137. 

Medbury,  J.  VV.,  207,  208. 

Mercer's  Gulch,   197. 

Merithew,  William,  84,  85,  86. 

Merrithew,  L.,  81. 

Miller,  A.,  276. 

Miller,  Isaac,  179. 

Miller  and  Wise's  mill,  91. 

Mill  Owners'  Association,  134-135. 

Mills,  see  Claims. 

Missouri  City,  209,  225. 

Missouri  Flats,  268. 

Missouri  Gulch,  197,  230,  246. 

Mitchell,  J.   F.,  78,   101. 

Mixed  actions,  30,  57-60,  164,  285. 

Monell,  John  J.,  270. 

Monroe,  A.  J.,   109,  110. 

Montana  County,  3. 

Montana  Town  Company,  p.  XT. 

Montgomery,  R.  H..  110,   115.  116. 

Moody,  E.  L.,  153,  154,  171,  173,  174. 

Moon'  Gulch,  180,  247. 

Moore,  John  I.,  80.  81,  86. 

Moore,  Mark  A.,  51,  52,  209,  225. 

Moore,  Morris,  and  Hunter  Com- 
pany, 201. 

Morgan,  W.  H.,  271. 

Morris,  John.  47. 

Morrison,  Robert  D.,  273. 

Morse,  Harley  B.,  85,  86,  132. 

Mortgages,  28,  58,  92,  133,  156,  218, 
283 

Morton.  Tra  H..  41.  124,  125,  126, 
127,   128,   1.35,  142,   144,  145. 

Mountaineer,  The,  142,  143-144. 

Muer,  J.  W.,  273. 

Muir,  William  Train,  139,  141,  143, 
145. 


Murder,     194,    228.   245, 
Crimes. 

Myers,  J.  H.,  268. 


256.      See 


Nagle,  E..  201,  202.  206,  207,  208. 

Nebraska,  jurisdiction  in  tin*  Pike's 
Peak  Country,  pp.  XII-XIII. 

Nevada  District,  minutes,  .Tanuarv 
21-Septeniber  28.  1860,  pp,  122- 
134:  news  items.  134-145;  dispute 
with  Spring  Gulch  District.  267- 
270. 

Nevada  Ditch   Company,  205. 

Nevada    Gulch.   44. 

N^ewcoiner,  C.    132. 

Newell,  William   T.,  201. 

Newman  (Newnam),  E.  R.,  154,  155, 
166.  168,  169,  171.  174. 

Newnam,  Jacob.   276-277. 

Newton,  Boyd,  80. 

New  trials,  29.  .59.  220.  252.  284. 

Nichleson.   William,  276. 

Notices,   33.   62.   64.   74-75,   88.    149, 

165,  183.  205.  210.  253. 
Nuisances,    .32-33.    37-38.    62-64.    72. 

84.  106,  114,  125,  1.33.  149.  19.5, 
204-205,  223,  246,  248,  288. 

Oaths.  31.  61.  87.  110.  ISO.  207.  2.35. 
249,  261. 

Officers.  Gregory  District.  12-13.  14. 
16.  25-26.  .36.".39;  Russell  Distnit, 
49,  54-55,  68;  Bay  State  District, 
70-71,  73.  74,  75, '77:  Eureka  Dis- 
trict, 79,  80,  81,  82-83.  86-87.  88. 
92,  96.  99.  100,  103.  106;  Pleasant 
Valley  Number  10  District.  108, 
109,  110,  111,  112,  117,  118,  119. 
120.  121;  Nevada  District.  122, 
124.  126.  1.34.  138,  139.  141;  Wis- 
consin District,  14(i,  147.  148.  149. 
1.50,    151,    153,    155.    158.    1.59,    160. 

166.  167,  168.  169.  170;  Climax 
District.  171-172,  173.  174;  Cen- 
tral District,  175;  Independent 
District.  177.  178179,  180-181; 
Fairfield  District.  201.  202.  203, 
206;  iilinois  Central  District,  213- 
215,  224,  225,  226,  22H;  Hawk  Eve 
District.  230,  231,  232.  233.  234- 
239.  244;  Soiifh  Hoiildcr  District, 
248-252.  261;  Silv<-r  Lake  District, 
262.  263,  264;  Spring  (Julch  Dis- 
trict, 267;  (^lincy  District.  271; 
Lake  District.  271.  272.  278-279. 


310 


GILPIN  COUNTY  RECORDS 


Osborn,  S.  H.,  262. 

Osborn,  William  B.,   179,   196. 

Otis,  Harrison   Gray,    101,   140,  268. 

Otis's  store,  78,  80,  81. 

Palmer,  William,  273. 

Panic  of  1857,  p.  IX. 

Park,  William,  79,  80,  81. 

Parker's  mill,  142. 

Parmelee,  D.   S.,  36,  39,  43,  46,  47. 

Parsons,  A,  N.,  69. 

Partnership,  21,  71,  113,  157.  211- 
212. 

Peck,  Charles,  13. 

Peck,  H.  N.,  96. 

Perjury,  194,  245. 

Peters,  Eaward  P.,  40.  42. 

Petitions,  27,  64,  148,  161,  217-218. 

Phelps,  William  J.,  175. 

Phenney,  H.  A.,  117,  118. 

Phoenix  District,  247. 

Pine  Creek,  295. 

Place,  J.  T.,  53. 

Platte  River  route,  p.  XI. 

Pleas,  27,  .58,  161,   162. 

Pleasant  Valley  Number  10  Dis- 
trict, laws  and  minutes  of  Sep- 
tember 3,  1859,  pp.  108-109;  laws 
and  minutes  of  May  19,  1860,  pp. 
109-115;  laws  regardintj  lode 
claims  and  quartz  mill  sites,  115- 
117;  laws  regarding  farming 
claims,  117-118;  minutes,  118-120. 

Pollock,  Judge,  201,  202,  207. 

Pony  Express,  144. 

Population,  p.  XII. 

Post,  Charles  C,  35.  39,  43,  45,  47. 

President,  Gregory  District,  12,  13. 
14,  16,  25,  33,  34,  38,  40;  Russell 
District,  54.  55,  56,  60-61,  64;  Bay 
State  District,  70,  71,  74.  75.  76; 
Eureka  District,  79,  85,  86.  87.  88, 
92,  96,  97,  99,  100,  103;  Pleasant 
Valley  Number  10  District,  108, 
109,  ill,  114;  Quartz  Valley  Dis- 
trict, 121;  Nevada  District,  122, 
124,  126,  128.  129,  131,  134,  139, 
141;  Wisconsin  District,  146,  147, 
148,  149,  150,  153,  155.  156,  159, 
166,  167,  168,  169;  Climax  Dis- 
trict, 171,  172,  173;  Central  Dis- 
trict, 175 ;  Independent  District. 
177,  178,  179,  180,  181,  ia5,  189. 
195;  Fairfield  District,  201.  202- 
203,  207 ;  Illinois  Central  District, 


214,  228;  Hawk  Eye  District,  233, 
234-237;  South  Boulder  District, 
248,  249,  250,  261;  Silver  Lake 
District,  262;  Quincy  District, 
271:  Lake  District,  271,  272,  278, 
287. 

Prichard,  J.  L.,  138. 

Probate,  35,  64,   103,   184-185,  237. 

Proctor,  J.,  273. 

Prosser,  T.  T.,  16,  18. 

Prosser  Gulch  road,  80,  81,  82. 

Prostitution,   125,   195. 

Pueblo,  early  settlers,  p.  XI. 

Pursley,  James,  discovery  of  gold, 
pp.   VII-VIII. 

Pusey,  Thomas,  273. 

Pusey,  W.  P.,  273. 

Putlack,   Samuel,  277. 

Putlack,  W.,  276. 

Quartz  Hill,  209. 

Quartz  Mountain,  129. 

Quartz    Valley    District,    m  i  n  e  r  s' 

meeting,  121. 
Quartz  Valley  road.  82. 
Quincy    District,    unites    with    Lake 

District,  271. 
Quincy  and  Chicago  mill,  139. 

Races,   22,  212. 

Ramsen,  J.  E.,  273. 

Rank,  John  M.,  273. 

Rankin,  Dr.  B.  P.,  40,  42. 

Recorder,  Gregory  District,  12,  13, 
14,  25,  26,  38 ;  Russell  District.  54, 
55,  60-61,  63,  66-67;  Bay  State 
District,  70-71,  72,  74.  '75.  77; 
Eureka  District,  79,  92,  93.  94,  96, 
99,  103;  Pleasant  Valley  Number 
10  District,  108,  111,'  117-118; 
Quartz  Valley  District,  121;  Ne- 
vada District.  122,  123,  125,  131, 
138,  1.39.  141;  Wisconsin  District, 
150.  151,  153,  155,  156,  159,  166, 
168.  169,  170;  Climax  District, 
171.  172,  173,  174;  Central  Dis- 
trict, 175;  Independent  District, 
177,  178,  179,  180,  183,  185-186, 
189;  Fairfield  District,  201,  202, 
207;  Illinois  Central  District,  213, 
214.  215,  226;  Hawk  Eye  District, 
230-231,  232,  233,  238-239;  South 
Boulder  District,  2.50,  251,  261; 
Silver  Lake  District,  262,  263, 
264;    Lake  District,  272,  278,  279. 


INDEX 


311 


Reed,  Samuel,  209. 

Referees,  12,  183,  280.  Sec  Arbitra- 
tors. 

Remine,  John  W.,  145. 

Replevin,  29,  59,  1(53,  187-188,  240, 
283-284. 

Reynolds,  W.  T.,  76. 

Richardson,  A.  D.,  speech  to  the 
Gregory  District  miners.  3-4;  re- 
port on  Gregory  District  mines, 
5-10. 

Richardson,  David  J.,  71. 

Ring,  George  W.,  155. 

Ripley,  David,  179,  196. 

Rivera,  Juan  Maria,  expedition  to 
the  San  Juan  coimtry.  p.  VII. 

Road  commissioners.  143,  203-204. 

Roads.  81-82,  84.  127,  143.  1.54,  169, 
189-190.  195-196.  203-204,  205.  208, 
223,  241,  260-261. 

Road  supervisors,  84,   170,  203-204. 

Roberts,  C.  A..  13,  15. 

Roberts,  John  M..  201,  202. 

Robinson,  L.   L..    149,    1,50. 

Robinson  and  Wright's  tent,   146. 

Rockhill,  Thomas,   1.50. 

Rocky  Mountain  Xevs,  145,  175, 
262. 

Rogers,  E.  H.,  53. 

Rollins,  John  Q.  A.,  and  Company, 
195. 

Rolph,  Edward,  117,  118. 

Root,  M.  H.,  274,  275. 

Rouschmaver,  L..  166. 

Rowen,  J."  B.,  100. 

Rublee,  F.  M.,  137. 

Russell,  J.  W.,  46. 

Russell,  William  Green,  leads  Geor- 
gians and  Cherokees  to  Colorado, 
p.  X. 

Russell  District,  laws  of  Juno  18, 
18.50,  pp.  48-49;  laws  of  August  9, 
1859,  pj).  49-50;  resolutions  of  Oc- 
tober 8,  18.59,  p.  .50;  resolutions 
of  Marcli  24,  1800,  p.  51;  mass 
meeting  in  Russell  Gulch,  51 -.52; 
laws  of  Julv  28,  lS(iO,  j)[).  .53-(iS. 

Russell  Gulch',  45,  209. 

Sage,  Rufus  B.,  8ojo\irn  in  the 
Rocky   ^Mountains,   pp.   VIII  IX. 

St.  Charles  Company,  p.  XI. 

St.  Vrain,  Altona,  Boulder  Mines, 
Gregory,  and  Middle  Park  Wagon 
Road  Company,  208. 


Sales.  31-32.  38.39.  61-62.  105-106, 
170,   184,  200,  227,  238-239.  2.53. 

Saloons,   84,   12.5.   139,   143.   172,   176. 

"Salting"  claims,  194. 

Sayers.  G.  W..  206.  207. 

Schaeffer.  S.,   110. 

Schiiitz,  Theodore,  100. 

School   fund,   176. 

Scott,   Walter,   115,   110. 

Scudder's   Mill,   142. 

Secreta   Gulch,    146,   1.5.5. 

Secretary,  Gregory  District.  11.  12, 
10,  25,  34,  .39;'  Russell  District. 
49,  54;  Bay  State  District,  70,  71; 
Eureka  District,  86,  87 ;  Pleasant 
Valley  Number  10  District,  IW. 
117;  Quartz  Valley  District.  121; 
Nevada  District,  122;  Wisconsin 
District,  146,  147,  149,  156;  Cen- 
tral District,  175. 

Shears  and  Company,  6. 

Shefrer.  Henrv   C.,  266. 

Shelter,   Charles.    109.    110.    111.    11.5. 

Shepherd,   William,   96. 

Sheriff,  Gregory  District.  12,  13.  14, 
24,  25,  2(i,  31.  37,  39;  Russell  Dis- 
trict, 55.  5«i;   Bay  State   District, 
76:   Eureka  District.  80,  88,   104; 
Pleasant   Valley    Number    10   Dis- 
trict,   111.   112,"  118;    Nevada    Dis- 
trict,    138.     1.39.     141;     Wisconsin 
District.    1.53.    1.55,    1.56,    165.    166, 
167,    168,    169;     Independent     Dis- 
trict,   179,    181.    182,    183.    192-193; 
Fairfield     District,     202;      Illinois 
Central   District.  227;    Hawk    Eve 
District.     2.33,     234,     244;     South 
l^ulder    District,    2.50,    251,    253, 
2.55-256,  261  ;  Silver  Lake  District, 
262;   Lake  District.  272. 
Shorts  and   Collier,   7. 
Silver  Creek,  246,  265,  295. 
Silver    l^ake    District,    organization, 
262;   laws,  263;   minutes  and  reso- 
lutions,     2(>4-266:      secession      of 
Cooper  District,  295. 
Silver   .Mountain,  262. 
Sisson,  A.,  46. 
Skeers,  Eli,  80. 
Slate,  W.  D.,    KKI.   171. 
Slaughtering   (.f   cattle,    1.33.    149. 
Smith,  Kbinezer.  272,  273,  275,  277. 
Smith,   llini.T,   271. 
Smith,  .lu.lge   II.    1'.  A.,  1.  2,  M,  35, 
.36,  42.  43. 


312 


GILPIN  COUNTY  RECORDS 


Smith,  J.  Bright,  41. 

Smith,  J.  Nelson,  271,  273,  276.  277. 

Smith,  N.  H.,  273. 

Smith,  Thomas,  79,  81,  85,  86,  90, 
94,  96,   101. 

Smith,  Winton,   16,  18. 

Smith,  Shannon,  and  Company.  29.5. 

Smokv  Hill  route,  p.  XI. 

Snelli'ng,  W.  W..  34. 

Snider,  L.  C,  274. 

Snider,  S.  G.,  273. 

Snodgrass,  James   A.,  97. 

Sons  of  Malta,   135. 

Sopris,  Captain  Richard,  representa- 
tive in  the  Kansas  legislature, 
p.  XIV;  president  of  Gregory 
District,   13,    15,  34,  36. 

Sopris,  Henderson,  and  Company,  6. 

South   Beaver   Ci-eek,  248. 

South  Boulder  District,  resolutions 
of  August  18,  1860,  p.  247;  laws 
of  March  30,  1861,  pp.  247-261. 

South  Park  mines,  p.  XII. 

Spaids,  C.  C,  96. 

Spanish  mining  operations  in  Colo- 
rado, p.  VII. 

Spear,  W.  S.,  117,  118. 

Spring  Gulch,  44,  45,  131-132,  136, 
137. 

Spring  Gulch  District,  organization, 
267;  dispute  with  Nevada  Dis- 
trict,   267-270. 

Stake  Master,  Pleasant  Valley  Num- 
ber 10  District,  108,  111;  Wiscon- 
sin District,  147,  148,  149,  153, 
156,  159,  166,  168,  169;  Climax 
District,  171,  172,  173. 

Staley,  John  A.,  80,  82,  85,  96,  99. 

Stanton,  J.  W.,  94,  96. 

Stanton  and  Sanford's  mill.  144. 

State  of  JeflFerson,  p.  XIII. 

Stevens,  Al.,  85. 

Steward,  J.  M.,  76. 

Stewart,  A.  F.,  232. 

Stone,  Dr.  J.  S.,  16,  33,  77. 

Storms,  J.  W..  39. 

Storms,  M.,  33,  36,  39,  47,  77. 

Suffrage,  55,  70,  75,  114,  172,  181, 
202,  233,  254,  281. 

Sullivan    (Sulivan),   C,    123. 

Summons,  57,  60,  111,  164. 

Sunday,  84,  189,  241. 

Surveyor,  Lake  District,  271,  272, 
275-276,  278. 

Swaney,  J.  T.,  80,  81. 


Swift,  A.  C,  79. 
Sykes,  C.  P.,  143. 

Tappan,  D.  C,  273. 

Tarryall  Creek  mines,  p.  XIT. 

Tator,  C,  96. 

Taxes,  169-170,  259. 

Tavlor,  John,  78,  79. 

Taylor,  T.,  175. 

Templeton,  W.  M.,  274. 

Territory  of  Colona,  p.  XIII. 

Territory  of  Colorado,  p.  XIV,   100. 

Territory  of  Jefferson,  pp.  XIII- 
XIV,  43-44,  46-47,  224. 

Thatcher,  J..  99. 

Theft,   194,  226,  245,  256. 

Thomas,   Oliver,   175. 

Thompson,    E.   D.,    132. 

Thompson,  Dr.  S.  B.,  43. 

Thorsens,   Ole,    169. 

Timber,  63,  64,  66,  83,  106,  116.  122- 
123,  1.59,  192,  197.  243,  257. 

Todd,  William  M..  202,  205,  206. 

Toll  roads,  154,  195-196,  208,  260- 
261. 

Toner,  Samuel,  47. 

Tort,  30. 

Town  lots,  103. 

Townsand,  W.  D.,  274. 

Townsand,  W.  S.  Murry,  271. 

Town  sites,   191,  242,  257-258. 

Treasurer,  Gregory  District,  25,  33; 
Russell  District,  54,  63;  Eureka 
District.  86,  106;  Wisconsin  Dis- 
trict, 169,  170;  South  Boulder 
District,  248;  Lake  District,  278, 
281. 

Trials,  12,  13-14,  27-31,  60-61,  105, 
108,  129,  148,  160,  163-164,  179, 
217-223,  285-288. 

Trotter,  J.  C,  96. 

Tunnels.  15,  23,  50,  67,  90,  91,  1.52- 
153,  157-158,  190-191,  213-214,  241- 
242,  259-260,  293-294. 

Turner,  M.  L.,  76. 

Twelve  Mile  Diggings,  168. 

Union  District,  Clear  Creek  County, 

138-139. 
Union  Party,   145. 

Valley  City  Town  Company,   173. 
Van,  T.  P.,  39. 

Vance,  A.  P..  202,  204,  205,  206,  207. 
Vance,  D.  C,  51,  52. 


IKDEX 


313 


Vanderen.  Archibald  J.,  145. 
Vanderen's  Express  Company.  135. 
Van  Endert,  Edward,  295. 
Vice-President.   Bay    State   District, 

70.  75.  76. 
Vigilance  Committee,  140,  185. 
Villard.    Henry,   report   on   Gregory 

District  mines,  5-10. 

Walker,  J.  W.,  273. 

Walsh,  C.  C,  166. 

Walters,   J.,   273. 

Ward,  T.  R.,  273. 

Warne,  Dr.  H.,  179. 

Warner,  Beta,  175. 

Wash,  E.,  273. 

Wason,  George,  73. 

Water  companies,   see  Water  rights. 

Water  rights,   12-13,   15,  22,  64.  67, 

74,    84,    114,    151,    157,    192,    200, 

212,   229,  243,  244,   256. 
Welch,  C.  C.,  153. 
Wells,  Judge,  43. 
Wheeler,  William  E.,  272. 
\Miipping,  169.  194,  226,  228,  245. 
Whitcomb's  mill,   144. 
White,   M.   S..   117. 
White  Quail  District,  149-150. 
Wightman,  William,  263,  264,  265. 
Wilkinson,  Judge  Robert,  42,  45. 
Willborn,  W.  T.,  78-79,   101. 
Williams,  A.  P.,   117. 
Williams,  B.  D.,  2,  4. 
Williams.  James  A..  76. 


Willson,  J.  L.,  76. 

Wilson,  A.,  36,  43.  46.  47. 

Wilson.  George  E..  197.  200.  202, 
203. 

Wilson.  G.  W.,  275. 

Wilson,    John,    84,    85. 

Wisconsin  District,  laws  of  Febru- 
ary 13,  18()0.  pp.  14»)-148:  an  elec- 
tion. 149;  amendments,  149;  joint 
meeting  with  Wl\ite  Quail  Dis- 
trict, 149,  150;  resolutions  of 
May  26,  18(i0,  p.  150;  laws  of 
July  12,  18(i0,  pp.  150-152;  reso- 
lutions of  September  15.  18(i0.  pp. 
152-153;  minutes,  153-154;  laws 
and  minutes  of  December  13,  1860, 
pp.    154-166 ;   minutes,   166-170. 

Witnesses,  58,  105,  148,  221,  227, 
228.  244,  283. 

Women,  rights  of,  66,  247,  263. 

Wood,  H.,  81. 

Wood,  J.  D.,  132. 

Wood.  Robert,  79,  81. 

Woodmancy,  J.  A.,  51,  52,  272,  273, 
276. 

Wright,  Alpheus,  146.  148.  150,  151. 
169,  170. 

Wright,  A.  P.,  96. 

Wright,  A.  P.,  and  Company.  7. 

Writs,  55,  56,  57.  89.  90,  160,  103. 
186-188,  2.39-240,  281. 

Zeigler,  Spain,  and  Company,  5-6. 
Zuniwalt,  Van,  177. 


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